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2020-05-18 Agenda Packet (Revised)
AGENDA – Revised Final City Council/Public Financing Authority Monday, May 18, 2020 at 5:00 PM MAYOR AND CITY COUNCIL LYN SEMETA, Mayor JILL HARDY, Mayor Pro Tem PATRICK BRENDEN, Councilmember KIM CARR, Councilmember BARBARA DELGLEIZE, Councilmember ERIK PETERSON, Councilmember MIKE POSEY, Councilmember Recorded live from the City Council Chambers 2000 Main Street Huntington Beach, CA 92648 SPECIAL NOTICE REGARDING COVID-19 STAFF OLIVER CHI, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 which allows a local legislative body to hold public meetings via teleconferencing, and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to Executive Order N-29-20, please be advised that some members of the Huntington Beach City Council and/or City staff may participate in this meeting telephonically or electronically. PUBLIC PARTICIPATION/AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: Pursuant to Executive N-29-20 and given the current health concerns, members of the public are encouraged to access the meeting live on-line at https://huntingtonbeach.legistar.com, or can elect to view the meeting via cable television channel HBTV-3. To ensure the public’s right to fully participate in providing meaningful public comments at the May 18, 2020, City Council meeting: 1. The Council Chambers will be open for public attendance to provide public comments. Social distancing measures will be in place, and once a participant has made a public comment, the participant will be asked to exit the Council Chambers. The City will provide an area for viewing the Council meeting on television to a limited number of participants. During Public Comments, members of the public may provide a comment, on an agendized or non-agendized item, in person with a 3-minute time limit; or, 2. The public may submit a comment telephonically. At 6:00 PM, individuals wishing to provide a comment on agendized or non-agendized items may call (669) 900-6833 and enter Webinar ID: 962 9013 0517. Once a caller has entered the meeting, they will be placed in a holding queue. Callers will be prompted to speak in the order received, and after the Clerk confirms the last three digits of their phone number, are encouraged, but not required to identify themselves by name. Each caller will be provided 3 minutes to speak. Individuals wishing to provide comments on items scheduled for Closed Session should enter the call queue at 5:00 PM. Members of the public may submit SUPPLEMENTAL COMMUNICATION (information received by the City Clerk's Office following distribution of the Council agenda packet): Members of the public wishing to submit written (supplemental) communication on agenda items for distribution to the City Council and placed into the administrative record can email SupplementalComm@Surfcity-hb.org. Supplemental Communications received by 2:00 PM the day of the meeting will be distributed to City Council prior to consideration of agenda-related items, and will be announced, but not read, and placed into the administrative record during the Supplemental Communications portion of the Meeting. In addition, any communications sent to city.council@surfcity-hb.org on Council agenda items will be treated as Supplemental Communications and announced, but not read, during the meeting. MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk's Office at (714) 536- 5227 for more information. 1 AGENDA May 18, 2020City Council/Public Financing Authority 5:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEMS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) At 5:00 PM, individuals wishing to provide a comment on a Closed Session item may call (669) 900-6833 and enter Webinar ID: 962 9013 0517. Once a caller has entered the meeting, their call will be placed in a holding queue and will be answered in the order received. When invited to speak, callers are encouraged to identify themselves by name, and can speak for no more than 3 minutes. RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 20-16301.Mayor Semeta to Announce: Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager; also in attendance: Travis Hopkins, Assistant City Manager, regarding the following: Huntington Beach Municipal Teamsters (HBMT); Management Employees' Organization (MEO); Police Officer's Association (POA); Police Management Association (PMA); Huntington Beach Firefighters’ Association (HBFA); Fire Management Association (FMA); Marine Safety Management Association (MSMA) Surf City Lifeguard Employees’ Association (SCLEA) and Non-Represented (Non-Associated) Employees (NA). CLOSED SESSION 20-16202.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Moore (Neal) v. City of Huntington Beach, et al.; OCSC Case No. 30-2019-01071686. Page 1 of 7 *** 2 AGENDA May 18, 2020City Council/Public Financing Authority 20-16213.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: In re: RUBY’S DINER, INC., a California Corporation, US Bankruptcy Court Case No. 8:18-bk-13311-CB. 20-16224.Pursuant to Government Code § 54956.9(d)(2), the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). 20-16275.Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager; also in attendance: Travis Hopkins, Assistant City Manager, regarding the following: Huntington Beach Municipal Teamsters (HBMT); Management Employees' Organization (MEO); Police Officers’ Association (POA); Police Management Association (PMA); Huntington Beach Firefighters’ Association (HBFA); Fire Management Association (FMA); Marine Safety Management Association (MSMA) Surf City Lifeguard Employees’ Association (SCLEA) and Non-Represented (Non-Associated) Employees (NA). 20-16286.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. Newsom; OCSC Case No.: 30-2020-01139512. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden PLEDGE OF ALLEGIANCE INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any Page 2 of 7 3 AGENDA May 18, 2020City Council/Public Financing Authority faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 20-15517.Mark Currie of Bahia of Huntington Beach and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 20-16258.Mayor Semeta to acknowledge National Nurses week (May 6-12), and proclaim May 10-16 as National Police Week, and May 17-23 as National Emergency Medical Services (EMS) Week. 20-16249.Mayor Semeta to present the “Making a Difference Award” to Reverend James Pike of Lutheran Church of the Resurrection and member of the Greater Huntington Beach Interfaith Council for donating his time, effort and resources to those in need during this pandemic, and playing an integral part in the success of “OneHB Connects.” ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) At 6:00 PM, individuals wishing to provide a comment on an agendized or non-agendized item may call (669) 900-6833 and enter Webinar ID: 962 9013 0517. Once a caller has entered the meeting, their call will be placed in a holding queue and will be answered in the order received. When invited to speak, callers are encouraged to identify themselves by name, and can speak for no more than 3 minutes. COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT 20-148710.Ascon Landfill Site Update 20-162611.Update of the City COVID-19 Response Plan and Actions for Review and Discussion Page 3 of 7 *** 4 AGENDA May 18, 2020City Council/Public Financing Authority CONSENT CALENDAR 20-161812.Approve and Adopt Minutes A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated April 20, 2020, as written and on file in the office of the City Clerk; and, B) Approve and adopt the City Council emergency meeting minutes dated April 30, 2020, as written and on file in the office of the City Clerk. Recommended Action: 20-158013.Accept $200,000 Coastal Commission grant and authorize City staff to establish a budget for the grant; approve and authorize execution of a Professional Services Contract with Michael Baker International for preparation of a Comprehensive Local Coastal Program Update; approve an increase in the Community Development Department’s Professional Services listing authority by $240,000; and appropriate funds A) Accept $200,000 Coastal Commission grant for a Comprehensive Local Coastal Program Update and authorize City staff to establish a budget for the grant in Fund 715 (Attachment No. 1); and, B) Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract Between the City of Huntington Beach and Michael Baker International, Inc. for a Comprehensive Local Coastal Program Update” in the amount of $240,000 as prepared by the City Attorney (Attachment No. 2); and, C) Approve an increase in the Community Development Department’s professional services listing authority by $240,000 for the preparation of a Comprehensive Local Coastal Program Update to ensure compliance with Administrative Regulation Number 228, Section 7.1; and, D) Appropriate funds in the amount of $2 00,000 from Fund 715, a grant from the Coastal Commission, for the Professional Services Contract between the City and Michael Baker International, Inc. Recommended Action: 20-158714.Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Sancon Technologies, Inc. in the amount of $839,073.00 for the Fiscal Year 19/20 Sewer Lining Project, CC-1599 Page 4 of 7 5 AGENDA May 18, 2020City Council/Public Financing Authority A) Accept the lowest responsive and responsible bid submitted by Sancon Technologies, Inc. in the amount of $839,073; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Recommended Action: 20-159115.Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Kana Pipeline Inc., in the amount of $2,271,700 for the Sunset Beach Water Main Project Various Locations, Anderson Street to Warner Avenue, CC-1435 A) Accept the lowest responsive and responsible bid submitted by Kana Pipeline Inc., in the amount of $2,271,700; and , B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Recommended Action: 20-160916.Adopt Resolution No. 2020-33 directing the execution of a Notice of Cessation of Special Tax - Improvement Area B of the City of Huntington Beach Community Facilities District (CFD) No. 2002-1 (McDonnell Centre Business Park) A) Adopt Resolution No. 2020-33, “A Resolution of the City Council of the City of Huntington Beach, Directing the Execution of a Notice of Cessation of Special Tax - Improvement Area B (APNs 195-111-03,64) of the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park),” and approving other related documents and actions; and, B) Authorize the City Manager and City Clerk to execute Notice of Cessation and other related documents and actions. Recommended Action: 20-163217.Adopt Resolution No. 2020-34 to authorize and submit an application for Local Early Action Planning (LEAP) Grant Funds Adopt Resolution No. 2020-34, “A Resolution of the City Council of the City of Huntington Beach to Authorize an Application for, and Receipt of, Local Government Planning Support Grant Program Funds.” Recommended Action: ORDINANCES FOR INTRODUCTION Page 5 of 7 6 AGENDA May 18, 2020City Council/Public Financing Authority 20-153418.Approve for Introduction Ordinance No. 4206 repealing Chapter 14.24 and amending Chapter 14.25 of the Huntington Beach Municipal Code (HBMC) regarding Stormwater and Urban Runoff Management Ordinance Approve for introduction Ordinance No. 4206 , “An Ordinance of the City of Huntington Beach Repealing Chapter 14.24 and Amending Chapter 14.25 of the Huntington Beach Municipal Code Regarding Stormwater and Urban Runoff Management.” Recommended Action: COUNCILMEMBER ITEMS 20-164219.Submitted by Councilmembers Posey and Brenden - Direct staff to research Outdoor Dining Program for COVID-19 restaurant relief Take out service for food and beverage is already allowed. Patrons should have, and for all practical purposes already have, dining access within public and private spaces. This proposed voluntary program allows more options for restaurants and patrons alike. Adoption of the program would boost restaurant sales as well as boost a return to socialization. Based on this assessment of the situation, we are requesting that the City Council vote to direct staff to develop a program that would temporarily allow conversion of adjacent public and private spaces into outdoor dining areas to allow restaurants greater dining capacity, given COVID-19 social distancing requirements. Recommended Action: 20-164320.Submitted by Councilmember Peterson - Reopening Huntington Beach A) Create a list of businesses essential to Huntington Beach and discuss the policies needed to get our City open; and, B) Discuss local enforcement of the State orders. Recommended Action: COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, June 1, 2020, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. Page 6 of 7 7 AGENDA May 18, 2020City Council/Public Financing Authority INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 7 of 7 8 City of Huntington Beach File #:20-1630 MEETING DATE:5/18/2020 Mayor Semeta to Announce: Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager; also in attendance: Travis Hopkins, Assistant City Manager, regarding the following: Huntington Beach Municipal Teamsters (HBMT); Management Employees' Organization (MEO); Police Officer's Association (POA); Police Management Association (PMA); Huntington Beach Firefighters’ Association (HBFA); Fire Management Association (FMA); Marine Safety Management Association (MSMA) Surf City Lifeguard Employees’ Association (SCLEA) and Non-Represented (Non-Associated) Employees (NA). City of Huntington Beach Printed on 5/13/2020Page 1 of 1 powered by Legistar™9 City of Huntington Beach File #:20-1620 MEETING DATE:5/18/2020 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Moore (Neal) v. City of Huntington Beach, et al.; OCSC Case No. 30-2019-01071686. City of Huntington Beach Printed on 5/13/2020Page 1 of 1 powered by Legistar™10 City of Huntington Beach File #:20-1621 MEETING DATE:5/18/2020 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: In re: RUBY’S DINER, INC., a California Corporation, US Bankruptcy Court Case No. 8:18-bk-13311-CB. City of Huntington Beach Printed on 5/13/2020Page 1 of 1 powered by Legistar™11 City of Huntington Beach File #:20-1622 MEETING DATE:5/18/2020 Pursuant to Government Code § 54956.9(d)(2), the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). City of Huntington Beach Printed on 5/13/2020Page 1 of 1 powered by Legistar™12 City of Huntington Beach File #:20-1627 MEETING DATE:5/18/2020 Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager; also in attendance: Travis Hopkins, Assistant City Manager, regarding the following: Huntington Beach Municipal Teamsters (HBMT); Management Employees' Organization (MEO); Police Officers’ Association (POA); Police Management Association (PMA); Huntington Beach Firefighters’ Association (HBFA); Fire Management Association (FMA); Marine Safety Management Association (MSMA) Surf City Lifeguard Employees’ Association (SCLEA) and Non-Represented (Non-Associated) Employees (NA). City of Huntington Beach Printed on 5/13/2020Page 1 of 1 powered by Legistar™13 City of Huntington Beach File #:20-1628 MEETING DATE:5/18/2020 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. Newsom; OCSC Case No.: 30-2020-01139512. City of Huntington Beach Printed on 5/13/2020Page 1 of 1 powered by Legistar™14 City of Huntington Beach File #:20-1551 MEETING DATE:5/18/2020 Mark Currie of Bahia of Huntington Beach and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 5/13/2020Page 1 of 1 powered by Legistar™15 City of Huntington Beach File #:20-1625 MEETING DATE:5/18/2020 Mayor Semeta to acknowledge National Nurses week (May 6-12), and proclaim May 10-16 as National Police Week, and May 17-23 as National Emergency Medical Services (EMS) Week. City of Huntington Beach Printed on 5/13/2020Page 1 of 1 powered by Legistar™16 City of Huntington Beach File #:20-1624 MEETING DATE:5/18/2020 Mayor Semeta to present the “Making a Difference Award” to Reverend James Pike of Lutheran Church of the Resurrection and member of the Greater Huntington Beach Interfaith Council for donating his time, effort and resources to those in need during this pandemic, and playing an integral part in the success of “OneHB Connects.” City of Huntington Beach Printed on 5/13/2020Page 1 of 1 powered by Legistar™17 City of Huntington Beach File #:20-1487 MEETING DATE:5/18/2020 Ascon Landfill Site Update City of Huntington Beach Printed on 5/13/2020Page 1 of 1 powered by Legistar™18 City of Huntington Beach File #:20-1626 MEETING DATE:5/18/2020 Update of the City COVID-19 Response Plan and Actions for Review and Discussion City of Huntington Beach Printed on 5/13/2020Page 1 of 1 powered by Legistar™19 From:Fikes, Cathy To:Agenda Alerts Subject:FW: No enforcement of active beach rules Date:Friday, May 15, 2020 4:38:40 PM Attachments:image0.png ATT00001.txt -----Original Message----- From: Ryan Palmer <ryanrobertpalmer@icloud.com> Sent: Friday, May 15, 2020 1:53 PM To: Semeta, Lyn <Lyn.Semeta@surfcity-hb.org> Cc: Fikes, Cathy <CFikes@surfcity-hb.org> Subject: No enforcement of active beach rules There has been zero enforcement of the “active use only” regulations for the city beaches. 20 City of Huntington Beach File #:20-1618 MEETING DATE:5/18/2020 REQUEST FOR COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes of April 20, 2020, and the City Council emergency meeting minutes of April 30, 2020, require review and approval. Financial Impact: None. Recommended Action: A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated April 20, 2020, as written and on file in the office of the City Clerk; and, B) Approve and adopt the City Council emergency meeting minutes dated April 30, 2020, as written and on file in the office of the City Clerk. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None. Environmental Status: Non-Applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. April 20, 2020 CC/PFA regular meeting minutes City of Huntington Beach Printed on 5/13/2020Page 1 of 2 powered by Legistar™21 File #:20-1618 MEETING DATE:5/18/2020 2. April 30, 2020 CC emergency meeting minutes City of Huntington Beach Printed on 5/13/2020Page 2 of 2 powered by Legistar™22 Minutes City Council/Public Financing Authority City of Huntington Beach Monday, April 20, 2020 5:00 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 6:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 5:00 PM — COUNCIL CHAMBERS CALLED TO ORDER — 5:02 PM ROLL CALL Present: Posey, Delgleize (remote), Hardy, Semeta, Peterson, Carr (remote), and Brenden (remote) Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEM(S) — None Members of the public can submit one communication per person of 300 words or less at https://huntingtonbeachca.gov/HBPublicComments/. Comments received before 4:00 PM the day of the meeting will be read aloud during the meeting. RECESSED TO CLOSED SESSION — 5:04 PM A motion was made by Posey, second Brenden, to recess to Closed Session for Item 1. The motion carried by consensus of Council. CLOSED SESSION 1. 20-1585 Pursuant to Government Code §54956.9(d)(2), the City Council recessed into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING – 6:00 PM 23 Council/PFA Regular Meeting April 20, 2020 Page 2 of 30 ROLL CALL Present: Posey, Delgleize (remote), Hardy, Semeta, Peterson, Carr (remote), and Brenden (remote) Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Peterson 2. INVOCATION — Led by Councilmember Peterson In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. CLOSED SESSION REPORT BY CITY ATTORNEY — None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet: City Manager's Report Item #4 (20-1584) Update of the City COVID-19 Response Plan and Actions for Review and Discussion Twenty-one (21) communications received from: Brian Faust Steven Nakase Wendy Fochihara Damian Giatti Jen Garcia Dawnn Taylor Anonymous (3) Melissa Zaiden Christopher Webb James Rea Sara Walker Bobby F. Perry & Cindy Dickey Holly Conway Barbara Nieto Rosa B Jan Owen (2) Jennifer Silkenson Administrative Items Item #6 (20-1577) Request for Approval to Establish Payment Deferral Programs One (1) communication received from: Kelly Miller of Visit Huntington Beach Item #7 (20-1578) Emergency Facility Use Agreement Eight (8) communications received from: Gigi Jackson Joclyn Sire Michelle Kerns Donald Pageler Jean Folkestad Annie Benington Gina Clayton-Tarvin Annette Berman. MOU Items #8 (20-1569) Resolution approving Police Officers' Association (POA) MOU #9 (20-1570) Resolution approving Management Employees’ Organization (MEA) MOU #10 (20-1571) Resolution approving Huntington Beach Municipal Teamsters (HBMT) MOU Ninety-four (94) communications received from: Chris Van Dellen Jen Bledsoe Shawn Hedberg Craig Frampton Linda Polkinghorne Patricia Pitts Donna Dillon Dee Wood P.J. Garcia Richard Thiel Gino Bruno Maria Spain 24 Council/PFA Regular Meeting April 20, 2020 Page 3 of 30 Ann Tarkington Bruce Wareh Jim & Lori Moseley Regan Copeland Terrry Ferguson Cary Parker Bill Saksa Chris Perez Eileen Harris Brent Nichols Kori Haug Theodore & Rosalyn Mahr Margaret & Roy Arnold Shirley Knopf Mary Amendola Gina Curry Yvonne Mauro Geri Dixon Rob Pool Bill Larkin Larry Waterhouse Taylor Haug Sean & Kate Bonnevie Lynn Schaertl Barbara Shepard Blake Rose Sandy Thigpen Cari Swan (2) Phillip Bermis Casey McKeon Eric Barnes Pat Quintana Debra Keefer Charles Daniher Kari Fletcher Robert F. Trout Isabelle Karsh Novak Business Solutions Peta-Gaye Hoskinson Vanessa Martinez Betty Englert Taylor Haug Jaren Horn Vicky Mark Wexler C. Loftis (3) Clifford Enholm Austin Edsell Lynda Muir James Seiler Sally Neiser Nancy Buchoz Mrdi2003 Larry McNeely William Butts Russ Neal Glenn Selvin Greg Dillon Sylvia Calhoun Anna Plewa Ray Raines Gary Liggett Margaret Bemis Michelle and Terry Schomburg Ed & Betty Murphy Les & Sharon Messick Stephanie Green Linda McCown C. Smanny Dingus (2) Gino Bruno Paula & Michael Hessley Rita Barry Taylor Jennings Jerry Barry Eugene Haberl Sheila Gee Steven Ferrell Frank Householder & Signe Howes Ray Scrofield Eric Dineen Brian Burley John & Roberts Ames Item #10 (20-1571) MOU with HB Municipal Teamsters Memo and replacement Memorandum of Understanding (MOU) submitted by Assistant City Manager Travis Hopkins updating the change in association name from Municipal Employees' Association (MEA) to Huntington Beach Municipal Teamsters (HBMT) and signatures obtained on page 25. Item #11 (20-1583) Proposed formation of an Economic Recovery Task Force Communication from Carol Hansen, Superintendent of Ocean View School District Item #6 (20-1577) Request to establish Payment Deferral Programs AFTER 2:00 PM DEADLINE — communication received from John Gilbert PUBLIC COMMENTS (all agenda and non-agenda items): Members of the public wishing to submit comments on agenda or non-agenda items that will be read live during the Public Comments portion of the meeting can submit one communication per person of 300 words or less at: https://huntingtonbeachca.gov/HBPublicComments/. Public Comments must be received no later than 4:00 PM the day of the meeting. The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. City Clerk Robin Estanislau and Tania Moore, Deputy City Clerk, read aloud public comments received as of 4:00 PM: Non-Agendized Items — 2 Communications 25 Council/PFA Regular Meeting April 20, 2020 Page 4 of 30 A letter from the Greater Huntington Beach Interfaith Council communicated gratitude for the opportunity to execute strategic humanitarian tasks to deliver needed services during the current crisis, and offered to do anything else that may be needed. (00:08:14) Wiley S. Drake communicated a statement of blessing. (00:08:56) City Manager's Report — 8 Communications Item #4 (20-1584) COVID-19 Update Tony Bisson, thanked the City for keeping sports courts closed. (00:09:37) Amory Hanson, 2020 City Council Candidate and Historic Resources Board member, communicated concerns regarding the mass cancellation of Huntington Beach deliberative assemblies, and requested that deliberative assemblies be allowed to meet via video conferencing at minimum. (00:10:54) Amber, communicated her concern about beach visitors parking on residential streets and possibly exposing locals to COVID-19. (00:12:02) Wendy Tochihara, communicated her opinion that it is illegal, and in violation of the State Constitution, to close the beach, parking lots and parks, and deny access. (00:12:52) Benigna Carrilo, communicated concern regarding the observed lack of proper social distancing and use of masks at the beach. (00:14:04) Pam Ponce, communicated concern regarding the open Downtown area hotels, and requested they all be closed. (00:14:31) Susan Kadota, communicated disappointment that the Police Department did not enforce social distancing at the Main Street protest held Downtown on April 17, 2020. (00:15:00) Spencer Kelly, communicated opposition to the Main Street protest held Downtown on April 17, 2020. (00:15:38) Agenda Item #7 (20-1578) Emergency Facility Use Agreement — 18 Communications Jenny Braithwaite, communicated support for Agenda Item #7 (20-1578) Emergency Facility Use Agreement. (00:16:48) Jeffrey Rokos, a 25-year resident of Huntington Beach, communicated support for Agenda Item #7 (20- 1578) Emergency Facility Use Agreement. (00:18:37) Gina Clayton-Tarvin, a long-time resident of Huntington Beach and President, Board of Trustees, Ocean View School District, communicated support for Agenda Item #7 (20-1578) Emergency Facility Use Agreement. (00:19:31) Gigi Jackson, a resident of Huntington Beach, communicated support for Agenda Item #7 (20-1578) Emergency Facility Use Agreement. (00:20:31) 26 Council/PFA Regular Meeting April 20, 2020 Page 5 of 30 Galen Picket, communicated support for Agenda Item #7 (20-1578) Emergency Facility Use Agreement. (00:20:56) Francine Janousek, communicated support for Agenda Item #7 (20-1578) Emergency Facility Use Agreement. (00:21:19) Annie Benington, communicated support for Agenda Item #7 (20-1578) Emergency Facility Use Agreement. (00:21:47) Cathy Ryder, a 35-year resident of Huntington Beach, communicated support for Agenda Item #7 (20- 1578) Emergency Facility Use Agreement. (00:22:07) Annette Berman, a resident of Huntington Beach, communicated support for Agenda Item #7 (20-1578) Emergency Facility Use Agreement. (00:22:30) Joclyn Rabbitt-Sire, a 21-year resident of Huntington Beach, communicated support for Agenda Item #7 (20-1578) Emergency Facility Use Agreement. (00:23:00) Natalie Moser, a resident of Huntington Beach for over 40 years, communicated support for Agenda Item #7 (20-1578) Emergency Facility Use Agreement. (00:24:42) Linda Rose, a 38-year Huntington Beach homeowner, communicated support for Agenda Item #7 (20- 1578) Emergency Facility Use Agreement. (00:25:53) Karen Carroll, communicated support for Agenda Item #7 (20-1578) Emergency Facility Use Agreement. (00:26:23) John Bostick, a long-time resident of Huntington Beach, communicated support for Agenda Item #7 (20-1578) Emergency Facility Use Agreement. (00:27:44) Joe Sullivan, a resident of Huntington Beach, communicated support for Agenda Item #7 (20-1578) Emergency Facility Use Agreement. (00:28:59) Robert Banzett, a resident of Huntington Beach, communicated support for Agenda Item #7 (20-1578) Emergency Facility Use Agreement. (00:29:24) Pat Goodman, communicated support for Agenda Item #7 (20-1578) Emergency Facility Use Agreement. (00:29:58) Shevawn Ramsey, a 25-year resident of Huntington Beach, communicated support for Agenda Item #7 (20-1578) Emergency Facility Use Agreement. (00:30:37) Barbara Robinson, communicated support for Agenda Item #7 (20-1578) Emergency Facility Use Agreement." (02:54:00) Item #8 (20-1569) regarding the Memorandum of Understanding (MOU) with the Huntington Beach Police Officers' Association (POA) (00:31:29) 27 Council/PFA Regular Meeting April 20, 2020 Page 6 of 30 Six hundred ninety-six (696) canned responses communicated support for adopting Resolution No. 2020-21, the Memorandum of Understanding with the Huntington Beach Police Officers' Association (POA) (00:31:35): Aaron Trump Aaron West Abby Moso Adina N (2) Adnan Ayoub Adrian Alvarez (2) Adrian Silva Adriana Mraz Alan Caouette Alan Partch Alex Caouette Alex Edwards Alex Maslin Alisa Adkins Alpa Patel Amelie Ballard Amy Turpin Anna Weiss Andres Mancilla Andrew Jamison Angel Morales Annamay Beekman Anne Pritchard Anthony Nocerino Anya Popoff Ariana Gonzales Arlen Estrem Arlene Domingo Armando Castellanos Arvar Elkins Ashley Flowers Ashley Velazquez Ashlynn Anderson Austin Deuel Austin Williams Avery Rehak Avia Reynolds Axcel Calles Aziza Tannous Omran Barbara Flynn Barbara Koehler Beatriz Mandujano Ben Anderson Bentley Parrish Bert Ekstrom Beth Domingo Beth Tennessen Betsy Moeller Betty Luna (2) Beverly Harrison (2) Bill Hume Billy Baskin Blain Tamaye Bob Johnson Bobbi Crawford Bobby Kennedy Brad Fowler Brandon Drake Brandon Reed Brandy Franklin Brenda Abe Brenda Armstrong Brenda Kirby (2) Brenda McManus Brent Gudorf Brian Drake Brian Pyle Brian Schrieber Brian Tidrick Bridget Gorman Bridgette Anderson Brittany Flowers Brooke Woodhouse Bruce Martinez Bruce Pollett Bryan Nguyen Cadi Knox Caitlyn Rainwater Cameron Houlston Camryn Smith Cacimhe Chacon Carl Shields Carmen Forrester Carol Abbott Carol Davis Carolynn Cuzynski Casey Paholski Casey Rominger Catherine Geary Cathie Ness Cecile Boehlert Ceclia Aviles Chad Cunningham Charles Goldwasser Charles Ray Charles Remington Charles Reynolds Charles South Charlie Martinez Chelsie Berge Cherie Smith Cherrie Danks Cheryl Elias Cheryl Knox Cheryl Swan Cheryl Whitten Chico Sanchez Chris Donahue Chris Feehan Chris Filicicchia Chris Ginocchio Chris Hernandez Chris Kucko Chris Ramirez Christie Domingo Christina Kampczyk Christina Sakamoto Christina Thomas Christina Tolmasoff Christine Ayala Christine Nguyen Christopher Brown Christopher Clad Christopher Curran Christopher Delrey Christopher Parten Christopher Roane Chrystina Silvia Chuck Wright Cindy Barnes Cindy Fitzpatrick Cindy Gray Clare Dellermann Colleen Rowe Colten Ivans Courtney Lowry Craig Abe Crissy Teichmann Curtis Cope Cyntha Hallock Cynthia Belcher Cynthia Boldt Cynthia Grabow Cynthia Healy Cynthia Vandemoortel Dale Anderson Dale Kuester Dale Shields Dan Bloom Dan Feeney Daniel Boldt Daniel Flynn Daniel Fornasa Daniel Lowry Daniel Miles Daniel Pratt Daniella Shiba Danny Nichols Danny Thomas Darin Germaine Darrell Fitzpatrick Darrell Klopp Darren Hudson Dasha Samarin Dau Tran Dave Ballantyne Dave Bunetta Dave Dierking Dave Mucha Dave Roberts David Kuntz David Maae Dayton Anderson Dean Butler Dean Maher Deborah Dove 28 Council/PFA Regular Meeting April 20, 2020 Page 7 of 30 Deborah Fernandez Dedra Jackson Delany Pratt Denise Gould Denise MacAllister Dennis Breckner Devon Pena Dewayne Brown Diana Flowers Diane Harkey Diane Martin Domenic Iorfino Dominic Capone Dominic Rehak Don Drake Don Emler Don Howell Don Jamison Donae Weston Piper Jr. Donald Kerr Donnie Bruyn Dorothy McCollom Douglas Taliman Drew Butler Duane Greaver Dustin McFarland Earle Robitalle Ed Macias Edie Newmeyer Edward Deuel Edward Ryan Elaine Maae Eli Veach Elisha Knight Elizabeth Backstrom Emily Gage Enrique De La Cruz Eric Esparza Eric Rackley Eric Raymond Erika Franco Erin Dineen Erin Wolf Eugene Mulcahy Fabius Rizk Faviola Guillen Frances Hoffman Frank James III Fred Ayala Fred Furey Frederick Fontes Gabriela Wiltrout Gail Hutton Gannon Kelly Garry Shrum Gary Giaconi Gary Gasper Gary Waymire Gemma Gishi George Nichols Gerladine Dirkse Germaine Davis Gerry Serrano Gil Dorado Gilbert Lascurain Gilda Thompson Glen Syfert Glynis Spiegel Grace Moso Greg Davis Gregory Arnold Guy Dove Hamza Aouini Harlen Hanson Harold Graves Heather Lewis Heather Reynolds Ian Hunt Ibrahim Khalil Iris Shelton Isaac Buan J Knox Jack Kamtansy Jack Paholski Jackelyn Shaffer Jaclyn Strome Jacob Fong Jacqueline Heyne Jamene Utt James Armstrong James Fouste James Morgan James Pelleriti Jamie Gambardello Jamison Power Jan McKean Janet Jackson Janice Retz Janis Kirkpatrick Jaren Horn Jason Melschau Jason Semple Jason Wambaugh Jayson Lewis Jeanne Criss Jeannie Tran Jeff Bock Jeff Golden Jeff Jacques Jeff Kelley Jeff Smith Jen Schwartz Jenn Abreu-Hart Jenn Torres Jennifer Broas Jennifer Carl Jennifer Cox Jennifer Harvey Jennifer McGrath Jennifer Pratt Jennifer Santillan Jennifer Revard Jeremy Tolmasoff Jerri Filicicchia Jerry Goodspeed Jesselle Capone Jessica Lamberto Jill Jones Jim Armstrong Jimmy Osuna Jitu Patel Jo Lynn Perez Joe Eyerman Joe Malik Joe Sousa Joey Aguilar John Antrasian John Bobie John Borges John Brad Borders John Bruce John Cave John Domingo John Haney John Heusser John Kachirisky John Kuzmic John Rodriguez John Schneider John Shaffer John Skulavik Jon Kuhn Jonathan DeLiema Jonathan Jarema Jonathan Kien Jonathan Moore Jose Miguel Garcia Ochoa Joseph Annigoni Joseph DeSalvo Joseph Kelly Joseph Marino Joseph Stephenson Josh Mallory Josh Mohr Joshua Hyink Juan Munoz Judi Possnack Judy Fowler Judy Kincheloe Juelene Taylor Julian Beshore Julie Kenny Julie McGrath Julie Millan Justin Brooks Justin Collins Kai Rehak Kameron Kalie Karen Challman Karen Emerson- Roberts Karen Johnson Karen Linson Karen Provost Kari Moreno Karina Leon Karla Westmoreland Kashmira Shirazi Kassie Pinegar Kate Jordan Katherine Holtsclaw 29 Council/PFA Regular Meeting April 20, 2020 Page 8 of 30 Kathryn Anacona Deuel Kathryn Goodspeed Kathy Jamison Kathy Valentino Katie Thadi Keli Borders Kellie Krueger Kelly Archer Kelly Laney Kelsey Spiegel Kendall Warden Kendra McKinney Kenneth Emanuel Kenneth Kropidlowski Kenneth Powell Kenneth Small Kevin Johnson Kevin Kesler Kevin La Pyrne Kim De Jong Kim Meyerowitz Kimberly Engh Kimberly Moso Kirsten McCoy Kortney Hobson Kraig Kyle Kris Corrales Kris Garcia Kris Russell Kristen Mathews Kyle Seasock Larry Fellows Larry Godfrey Larry Porricelli Laura Luna Lauren Gonzalez Lauren Smith Laurie Miller Leah Bratcher Leanne Mulford Len Damerow Lee Arnold Leo Lo Leticia Rodriguez Lillian Bobie Linda Mendez Linda Sancho Lindsey Mehaffey Lisa Bosalet Lisa Evans Lisa Haney Lisa Laz Lisa Pettigrew Lisa Wheeler Loraine Tooartzer Lorenzo Spatola Lori Arotcharen Lori Diaz Lori Pilatos Lori Stanley Lorre Bayer Lou Vecchione Louis Nguyen Louise McCullough Lynda Moore Lynda Pavlat Lynn Saleh Madison Haney Maggie Butler Manual Delgadillo Manya Mucha Marc Domingo Marc Hale Marcela Lopez Marco Perez Marcus Munoz Margaret Morris Margaret Reed Maria Lopez Maria Roquelopes Maribel Dorado Marie Nevaroff Marie Varvais Marja Selna Marjorie Shaffer Mark Johnson Mark Spoolstra Mark Thompson Marlene Fedderson Marlenene Fedderson Marti Lambright Mary Becker Mary Busche Mary Harris Mary Irish Mary Jo Bobie Mary Khouri Maryann Dewees MaryLou Brooks Matthew Nevarov Maureen Geddie Maurice Jaramilo Max Werk Maximillien Seiersen Mel Haughton Melanie Cooper Melissa Bobie Melissa Houlston Melonie Bloom Micah Kazloff Michael Domingo Michael Couty Michael Dean Michael Garcia Michael Gavar Michael Hargis Michael Jackson Michael Janiel Michael Johnson Michael Kelly Michael Smith Michele Alberta Michele Jensen Michele Williams Michelle Blumenthal Michelle Melschau Michelle Palafox Michelle Pooler Michelle Toyoda Miguel Blanco Mike Finn Mike Maiocco Mike Ogawa Mike Ortega Mindy Heusser Mitchell Ortolani Nadia Souetre Nancy Crumpler Nancy Deuel Nancy Hanson Nancy Meadows Nancyann Hume Natalina Santanello Nate Bernal Nathan Arnold Nathan Phelps Neal Holmes Nestor Valle Nicholas Hill Nicholas Koehler Nicholas Vella Nick Jarvis Nicole Kaprielian Nicole Quijas Nicole Spoolstra Nikki Wright Nina-Jo Anderson Noah Capone Noel Voorhees Norann King Paige Manfre Patrice Zappa- Porter Patricia Burns Patti Kiehl- Colacchia Paul Goodman Paul Johnson Paula Amadio Paulette Wolph Perry Anthony Peter Alpine Peter Gruber Peter King Peter Teichmann Phil Hunt Philip Gray Philip Scott Preston Walrath Prudence Tedder Rachel Kozloff Rafaelo Papale Randall Abe Randy Griffith Randy Kuntz Randy Salerno Rashmi Patel Raul Montes Ray Kepper Rebecca Saraf Rebecca Volz Rend Guerrero 30 Council/PFA Regular Meeting April 20, 2020 Page 9 of 30 Reyna Reyes Rhonda Peralta Ricardo Sanchez Ricardo Zavale Richard Backstrom Richard Eidlhuber Richard Grosvenor Richard Hulick Richard Spencer Richard Tokunaga Richard Whitley Richard Zumwalt Rick Morton Rick Velasquez Ricky Nelson Robby McGurr Robert Adams Robert Donahue Robert Henry Robert McKean Robert Noonan Robert Thompson Robert Valdez Robert Venezia Robin and Jeff Marsilio Rochelle Zysk Roger Parker Roman Altenbach Ron Privett Ron Thompson Rosana Trenkle Rose-Marie Spruill Ryan Deuel Ryan Houlston Ryan Rustan Sadhna Patel Samantha Serna Sandra Bill Sandra Burhum Sandy Humphrey Santo Manfre Sarah Fond Sarah Pechetta Savannah McKean Scott Adams Scott Fahey Scott Ferguson Scott Gump Scott Kansaku Scott McKean Scott Moso Scott Parker Scott Relph Scott Williams Sean Alexander Sean McDonough Shannon Rackley Sharon Fischer Sharon Mitchell Shawn Alladio Shawn Boatright Shawna Vanderveen Shellene Darling Sheree Arkyns Sherry Kensinger Sherry Sparks Shirley Partch Shirley Salter Stacey Gramstad Stephanie Malchow Stephen Edwards Stephen Olah Steve Brown Steve Gardner Steve Knutsen Steve McCartney Steve Rife Steven Fong Steven McDowell Steven Willard SuAnne W hite Sue Morton Sundeet Bedi Susan Nakama Susan Olim Susan Webb Susan White Suzanne Blackburn Tammy Martinez Taylor Godfrey Ted Huber Therese BokSchmidt Thinh Dang Thom Ferguson Thomas Brenneman Thomas Nadolski Thomas Rehak Thomas Teichmann Tiffany Flynn Tiffany Nekritz Timothy Starn Tina Pham Toby Monahan Todd Carpenter Tom Gaines Tom Wood Toma Turner Toni Bristow Traci Fraijo Travis Terich Travis Yanagida Tre Schwartz Trevor Jackson Tyson Spataro Umesh Patel Valerie Garcia Vanessa Baez Vern Burton Veronica Logrecco Veronica Pena Vicky Malton Vivian Boutdara Walter Franusiak Wayne Lonso William Boehlert William Browniee William Edwards William Kirkpatrick Wyatt McKean Yeong Song Youlina Rehak Yvette Krantz Seventy (70) canned responses communicated support for adopting Resolution No. 2020-21, the Memorandum of Understanding with the Huntington Beach Police Officers' Association (POA) (00:48:47): Abby Olivarez Adrianne Caouette Anthony Bentancourt Arthur Villa Jr. B. Marchese Blaine Gamache Bradley Quaranta Britt Brooke Jordan Cameron Houlston Candace Higgs Candice Jordan Christine Tejedor Connie Jordan Crissy Teichmann Curtis Grieder Cynthia Villa Danny Nichols Dylan Villarreal Erik Himert Ernesto Villa Gabe and Lee HB Goodspeed's Isabella Villa Jamie Ortega Jayson Lewis Jeff Gance Jerry Goodspeed Jesse Crawley John Bobie Joni Nichols Joseph Marchese Josh Mohr Joshua Cerda Jtejedor 31 Council/PFA Regular Meeting April 20, 2020 Page 10 of 30 Kate Jordan Konnor Armijo Kyle Kunka Lacey Marchese Larry Jordan Laura Castillo Leo Ortega Leonila Ortega Leonor Tejedor Madelynn Shepherd Manuel Ortiz Maria Rachel Ortega Melissa Bobie Michael Gonzalez Mike Wagner Natalie Seward Neil Ortega Nick Koehler Nicole Villa Rachel Shepherd Robert Bowden Ryan Burke Salud Priscilla Sean Biggie Shari Shepherd Son Lam Susan Ville-Herera T Tiechmann Tim Todd Bruno Tommy Higgs Tony Gonzalez Travis Mossbrooks Trini Marchese Winhilke Two hundred sixty (260) Communications received for Item #8, Resolution No. 2020-21 regarding the Memorandum of Understanding (MOU) for the Huntington Beach Police Officers' Association (POA); Item #9, Resolution No. 2020-20 regarding the Memorandum of Understanding (MOU) for the Huntington Beach Management Employees' Organization (MEO); and Item #10, Resolution No. 2020-19 regarding the Memorandum of Understanding (MOU) for the Huntington Beach Municipal Teamsters. (00:52:22) Yvonne Mauro, communicated opposition to Items #8, #9 and #10 for at least a year. (00:52:29) Tony, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (00:54:09) Tiffany, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (00:54:38) Pat B., communicated support for Items #8, #9 and #10. (00:55:45) Charlie Knoth, a 50-year resident of Huntington Beach, communicated opposition to Items #8, #9 and #10 at this time. (00:56:37) Todd Lesko, communicated support for Items #8, #9 and #10. (00:57:21) Lynda Muir, communicated opposition to Items #8, #9 and #10 at this time. (00:57:43) Laurie McAllister, communicated opposition to Items #8, #9 and #10 until the economy has recovered from COVID-19. (00:58:13) Norman Lawson, communicated opposition to Items #8, #9 and #10 at this time. (00:58:23) Lori Davey, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (00:58:49) Dave Sullivan, former Huntington Beach Council Member, communicated opposition to Items #8, #9 and #10 at this time. (00:59:04) Cheryl Escarro, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:00:22) 32 Council/PFA Regular Meeting April 20, 2020 Page 11 of 30 Debbie Gardinier, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:01:12) Ann Tarkington, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:01:32) Melanie Hagstrom, communicated opposition to Items #8, #9 and #10 until Huntington Beach has recovered. (01:03:21) Alina Clougherty communicated opposition to Items #8, #9 and #10 at this time. (01:03:28) Robin Krumholz, communicated opposition to Items #8, #9 and #10 at this time. (01:03:46) Kirk Brimhall, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:04:11) Julie, communicated opposition to Items #8, #9 and #10 for at least a year. (01:04:22) Marlene Shiner, a resident of Huntington Beach for more than 23 years, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:04:47) Katheryn Clark, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:05:28) Claire Zansler, a 50-year resident, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:05:54) Ed Chanda, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:06:06) Pam Walker, a long-time Huntington Beach resident, communicated opposition to Items #8, #9 and #10 at this time. (01:06:43) Bobbi Ashurst, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:07:13) Jim Kirker, communicated opposition to Items #8, #9 and #10 until the quality of service and maintenance improves. (01:07:52) Brent Nichols, communicated opposition to Items #8, #9 and #10 until the economy rebounds from the impact of COVID-19. (01:08:37) Kristie Stewart, communicated opposition to Items #8, #9 and #10. (01:09:04) Juan Viramontes, President, Orange County Association of Deputy Sheriffs, communicated support for Items #8, #9 and #10. (01:09:27) Adel Hannah, communicated opposition to Items #8, #9 and #10 at this time. (01:10:48) 33 Council/PFA Regular Meeting April 20, 2020 Page 12 of 30 Larry Dingus, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:10:56) Robert Dominguez, a 29-year resident of Huntington Beach, communicated opposition to Items #8, #9 and #10 until the economy has stabilized from the impact of COVID-19. (01:12:18) Richard Thiel, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:13:22) Anonymous, communicated opposition to Items #8, #9 and #10 at this time. (01:14:38) Jared Michael, communicated support for Items #8, #9 and #10. (01:15:49) Laura McAllister, communicated opposition to Items #8, #9 and #10 until the City's economy has fully recovered from COVID-19. (01:16:31) Eugene Haberl, communicated opposition to Items #8, #9 and #10. (01:16:40) Larry Elstead, communicated opposition to Items #8, #9 and #10. (01:16:47) Janet Lovell, communicated opposition to Items #8, #9 and #10 until the economy has recovered from COVID-19. (01:17:25) Thomas Oberlin, communicated opposition to Items #8, #9 and #10 at this time. (01:17:42) Monica Warthen, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:17:52) Marilyn Frick, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:18:17) Ronnie Walker, communicated opposition to Items #8, #9 and #10 until the economy has recovered from COVID-19. (01:18:30) Nicholas Mestanas, communicated opposition to Items #8, #9 and #10 at this time, and support for Item #11 regarding the formation of an Economic Recovery Task Force. (01:18:43) John Birkhauser, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:19:08) Denise Kavanaugh, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:19:56) Kathleen Nutting, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:20:33) Kathleen Torbick, a resident of Huntington for over 20 years, communicated opposition to Item #8 in light of a recent incident she described as taking place in Huntington Beach. Only the first 300 words of her communication were read. (01:21:22) 34 Council/PFA Regular Meeting April 20, 2020 Page 13 of 30 Susan Jervik, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:23:23) Norm Olson, a 40-year resident of Huntington Beach, communicated opposition to Items #8, #9 and #10 at this time. (01:23:49) Cathi Crouch, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:24:11) Katherine Won-Buerkle, communicated support for Item #8. (01:24:37) Chris Brosz, a resident of Huntington Beach for 35 years, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:25:32) Mark Ellett, a resident of Huntington Beach for 30 years, communicated opposition to Items #8, #9 and #10 at this time. (01:26:12) Sandra de la Fuente, communicated opposition to Items #8, #9 and #10 until the full recovery from COVID-19. (01:27:36) Tyler Wong, communicated support for Item #8. (01:27:47) John Borges, communicated support for Items #8, #9 and #10. (01:28:06) Bruce Bradley, a resident of Huntington Beach since 1976, communicated support for Item #8. (01:29:52) Michelle Vespe, communicated support for Item #8. (01:30:28) Bethany Webb, communicated support for Items #8, #9 and #10. (01:30:51) Max Werk, communicated support for Item #8. (01:30:59) Russell Sager, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:31:22) Sean Porter, communicated opposition to Items #8, #9 and #10 until full recovery from COVID-19. (01:31:50) Clay Allison, representing an online petition signed by 871 people as of noon on 4/20/20, communicated opposition to Items #8, #9 and #10 until the crisis budget is approved. (01:32:29) Robert Venezia, communicated support for Item #8. (01:34:09) Topartzer Family, communicated support for Item #8. (01:34:31) Sally Neiser, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:34:58) 35 Council/PFA Regular Meeting April 20, 2020 Page 14 of 30 Tom Bilich, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:36:47) Elizabeth Esparza, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:38:12) Brian Tidrick, former Huntington Beach Police Department (HBPD) employee, communicated support for Item #8. (01:38:41) Nicole Teter, communicated support for Item #8. (01:38:54) Erik Wersching, communicated support for Item #8. (01:39:15) Erich Moreno, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:39:40) Kaitlin Tidrick, communicated support for Items #8, #9 and #10. (01:40:31) Katherine Pham, communicated support for Item #8. (01:40:59) William Peterson, a retired member of the HBPD, communicated support for Item #8. (01:41:28) CJ Rems, a 15-year resident of Huntington Beach, communicated support for Item #8. (01:42:09) Olga Reynolds, communicated support for Item #8. (01:42:43) Daniela Smith, communicated support for Item #8. (01:43:08) Kelsey Spiegel, communicated support for Item #8. (01:43:30) Glen Syfert, communicated support for Item #8. (01:43:43) Peter Teichmann, a communication expressing appreciation for the City's First Responders. (01:44:15) Mel, communicated support for Item #8. (01:44:28) Fred Nikitin, communicated support for Items #8, #9 and #10. (01:44:46) Jason Melschau, communicated support for Item #8. (01:44:56) Robin Orozco, communicated support for Item #8. (01:45:03) Tiffany Nekrits, communicated support for Item #8. (01:45:21) Isabella Janus, communicated opposition to Items #8, #9 and #10 until the full recovery from COVID- 19. (01:45:25) 36 Council/PFA Regular Meeting April 20, 2020 Page 15 of 30 Trina Bilich, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known, and requested a dedicated phone number for reporting adverse symptoms from the Ascon emergency berm work. (01:45:49) Robert Brown, communicated support for Item #8. (01:46:38) Gary Joy, communicated opposition to Items #8, #9 and #10 at this time. (01:47:03) John Gray, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (01:47:11) K31sox, communicated support for Items #8, #9 and #10. (01:48:27) Ed Laird, communicated support for Item #8. (01:48:36) Nicoletta Marutsos, communicated support for Item #8. (01:48:46) Rob Pool, communicated opposition to Items #8, #9 and #10 at this time. (01:49:40) Eric Barnes, communicated opposition to Items #8, #9 and #10 for at least a year. (01:51:45) Sylvia Calhoun, communicated opposition to Items #8, #9 and #10 at this time. (01:52:10) Scott Kansaku, communicated support for Item #8. (01:52:47) Lindsay Klick, communicated support for Items #8, #9 and #10. (01:52:56) Vanessa Knox-Veach, communicated support for Item #8. (01:53:20) Cheryl Knox, communicated support for Item #8. (01:53:35) Justin Knox, communicated support for Item #8. (01:54:13) Brian Burley, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known, and support for Item #6 regarding Payment Deferral Programs. (01:55:08) HB Resident, communicated opposition to Items #8, #9 and #10 at this time. (01:57:22) Jennifer Ayala, communicated opposition to Items #8, #9 and #10 at this time. (01:58:21) Shayna Kamlet, communicated opposition to Items #8, #9 and #10 at this time. (01:58:41) Jo Ann Radzai, communicated opposition to Items #8, #9 and #10 at this time. (02:00:38) Taylor Godfrey, communicated support for Item #8. (02:00:45) Gemma Gishi, communicated support for Item #8. (02:01:04) Sean Grange, communicated support for Item #8. (02:01:08) 37 Council/PFA Regular Meeting April 20, 2020 Page 16 of 30 Kortney Hobson, communicated support for Item #8. (02:01:30) Jared Horn, communicated support for Item #8. (02:01:38) Ryan Deuel, communicated support for Item #8. (02:02:20) Erin Dineen, communicated support for Item #8. (02:02:28) Jed and Brenna Dineen, communicated support for Item #8. (02:03:12) Cindy Fitzpatrick, communicated support for Item #8. (02:03:25) Tim Geddes, communicated support for Items #8, #9 and #10. (02:03:32) Kris Garcia, communicated support for Item #8. (02:04:02) Cynthia Curry, communicated support for Item #8. (02:04:20) Jennifer Bryant, communicated support for Item #8. (02:04:37) Tyler De Trinidad, communicated support for Item #8. (02:05:24) Amanda Abrego, communicated support for Item #8. (02:05:29) Roman Altenbach, communicated support for Item #8. (02:05:45) Nick Anas, District Coordinator, Senator Tom Umberg, communicated support for Items #8, #9 and #10. (02:06:00) Stacy Arnold, communicated support for Item #8. (02:06:50) Alan W. Barcelona, Chair, Orange County Coalition of Police and Sheriffs, communicated support for Item #8. (02:07:06) Scott Baugh, communicated support for Item #8. (02:09:14) Amanda Blanco, communicated support for Item #8. (02:09:28) Dewayne Brown, communicated support for Item #8. (02:09:45) Ken Lynch, communicated opposition to Items #8, #9 and #10 for at least six (6) months. (02:10:01) Ted Ross, communicated opposition to Items #8, #9 and #10 at this time. (02:10:15) Rita Barry, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (02:10:36) Raymond Raines, communicated opposition to Items #8, #9 and #10 at this time. (02:11:26) 38 Council/PFA Regular Meeting April 20, 2020 Page 17 of 30 Jerry Barry, a 55-year resident of Huntington Beach, communicated opposition to Items #8, #9 and #10 at this time. (02:11:50) Scott Sanborn, communicated opposition to Items #8, #9 and #10 at this time. (02:12:53) D Stewart, communicated opposition to Items #8, #9 and #10 at this time. (02:13:48) Cliff Petty, communicated opposition to Items #8, #9 and #10 at this time. (02:14:03) Rube Berman, communicated opposition to Items #8, #9 and #10 at this time. (02:14:19) Sandra Vidona, communicated support for Item #8. (02:14:28) Karl Fletcher, communicated opposition to Items #8, #9 and #10 at this time. (02:14:49) Mark Tonkovitch, communicated opposition to Items #8, #9 and #10 at this time. (02:15:27) Devin Dwyer, a former Huntington Beach Council Member, communicated opposition to Items #8, #9 and #10 at this time. (02:15:44) Philip Bemis, communicated opposition to Items #8, #9 and #10 for at least one (1) year. (02:16:56) Lynn Johsz, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (02:17:47) Lee Ann Krueger, communicated opposition to Items #8, #9 and #10 at this time. (02:18:56) David Cicerone, communicated opposition to Items #8, #9 and #10 at this time. (02:19:28) Robert Ott, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (02:19:47) Vanessa Webster, communicated opposition to Items #8, #9 and #10 at this time. (02:20:54) Anna Plewa, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (02:21:00) Kathy Carrick, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (02:22:43) Patricia Pitts, communicated opposition to Items #8, #9 and #10 at this time. (02:24:12) Ted Ross, communicated opposition to Items #8, #9 and #10 at this time. (02:25:05) Leiani Hedberg, communicated opposition to Items #8, #9 and #10 at this time. (02:25:23) Frank Daniels, communicated opposition to Items #8, #9 and #10 at this time. (02:25:59) Shawn Hedberg, communicated opposition to Items #8, #9 and #10 at this time. (02:26:08) 39 Council/PFA Regular Meeting April 20, 2020 Page 18 of 30 Roy Maters, communicated opposition to Items #8, #9 and #10 until full recovery from COVID-19. (02:26:41) Lowell Pierce, communicated opposition to Items #8, #9 and #10 at this time. (02:27:18) Chris Perez, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (02:28:08) Shammy Dingus, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (02:28:32) John Birkhauser, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (02:30:07) Mary, communicated opposition to Items #8, #9 and #10 at this time. (02:30:53) Alan Zimme, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (02:31:07) Diana Blotzer Zimmer, communicated opposition to Items #8, #9 and #10 at this time. (02:32:47) Margaret Colman, a 38-year resident of Huntington Beach, a communication requesting a survey of the residents to determine if raises are appropriate at this time. (02:34:18) Eric Halsey, communicated opposition to Items #8, #9 and #10 at this time. (02:34:33) Eric Smith, communicated opposition to Items #8, #9 and #10 at this time. (02:34:46) William Hennerty, communicated opposition to Items #8, #9 and #10 at this time. (02:35:00) Vanessa Martinez, communicated opposition to Items #8, #9 and #10 at this time. (02:36:08) Gino Bruno, communicated opposition to Items #8, #9 and #10 at this time. (02:37:15) Benay Moore, a resident of Huntington Beach since 1969, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (02:39:14) Bob Daniel, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (02:39:47) Heather Nolan, communicated opposition to Items #8, #9 and #10 at this time. (02:40:26) Regan Copeland, communicated opposition to Items #8, #9 and #10 at this time. (02:40:43) Milt Dardis, communicated opposition to Items #8, #9 and #10 at this time. (02:40:56) Lou Calengelo, communicated opposition to Items #8, #9 and #10 at this time. (02:41:47) Mallory Gorder, communicated opposition to Items #8, #9 and #10 at this time. (02:42:28) 40 Council/PFA Regular Meeting April 20, 2020 Page 19 of 30 Kevin Donahue, communicated opposition to Items #8, #9 and #10 at this time. (02:44:25) Eric, communicated opposition to Items #8, #9 and #10 at this time. (02:44:51) Jim Taniguichi, communicated opposition to Items #8, #9 and #10 at this time. (02:44:59) Gary Cook, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (02:45:56) Darin Schoumaker, communicated opposition to Items #8, #9 and #10 at this time. (02:46:15) Al Arnold, communicated opposition to Items #8, #9 and #10 at this time. (02:46:27) Donna Narthel, communicated opposition to Items #8, #9 and #10 at this time. (02:46:33) Gene Marchioni, communicated opposition to Items #8, #9 and #10 at this time. (02:46:55) Victoria Gray, a 27-year homeowner and resident of Huntington Beach, communicated opposition to Items #8, #9 and #10 until the crisis budget is approved. (02:47:30) Charles Daniher, a 54-year resident of Huntington Beach, communicated opposition to Items #8, #9 and #10 at this time. (02:48:23) Alina Clougherty, communicated opposition to Items #8, #9 and #10 at this time. (02:50:18) Karen Sears, communicated opposition to Items #8, #9 and #10 at this time. (02:50:38) Joe Provenzano, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (02:50:55) Kevin Kron, communicated opposition to Items #8, #9 and #10 until full recovery from COVID-19. (02:51:11) Linda Harris, communicated opposition to Items #8, #9 and #10 at this time. (02:51:48) Eileen Harris, communicated opposition to Items #8, #9 and #10 at this time. (02:52:12) RoseAna Alcala, communicated opposition to Items #8, #9 and #10 at this time. (02:53:01) Renato, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (02:54:07) Isabelle Karsh, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (02:54:20) Virginia Turner, a 17-year resident of Huntington Beach, communicated opposition to Items #8, #9 and #10 at this time. (02:55:14) 41 Council/PFA Regular Meeting April 20, 2020 Page 20 of 30 Michelle and Terry Schomburg, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (02:57:38) Steve Farnsworth, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (02:58:44) Sherrey Hollander, communicated opposition to Items #8, #9 and #10 at this time. (02:59:36) Bruce Wareh, communicated opposition to Items #8, #9 and #10 at this time. (03:01:30) William and Deborah Clay, communicated opposition to Items #8, #9 and #10 at this time. (03:04:00) Kevin Anderson, communicated opposition to Items #8, #9 and #10 at this time. (03:06:01) Aimy Royalty, communicated opposition to Items #8, #9 and #10 until the crisis budget is approved. (03:06:22) Mark, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (03:06:49) Judy Eastman, communicated opposition to Items #8, #9 and #10 at this time. (03:07:03) Steve Whitmer, communicated opposition to Items #8, #9 and #10 at this time. (03:07:27) Mary Harris, communicated opposition to Items #8, #9 and #10 at this time. (03:07:33) John Kachirisky, communicated opposition to Items #8, #9 and #10 at this time. (03:07:45) Terry McCormick, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (03:07:51) Linda Kalicki, communicated opposition to Items #8, #9 and #10 at this time. (03:08:22) Sue Porter, communicated opposition to Items #8, #9 and #10 at this time. (03:08:42) Cari Swan, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (03:08:51) Mike Orr, communicated opposition to Items #8, #9 and #10 at this time. (03:10:39) Deborah Pierce, communicated opposition to Items #8, #9 and #10 at this time. (03:10:54) Ann Tarkington, communicated opposition to Items #8, #9 and #10 at this time. (03:11:28) Frances Carr, communicated opposition to Items #8, #9 and #10 at this time. (03:12:08) Debb Clay, communicated opposition to Items #8, #9 and #10 at this time. (03:12:22) Joan Kile, communicated opposition to Items #8, #9 and #10 at this time. (03:13:31) 42 Council/PFA Regular Meeting April 20, 2020 Page 21 of 30 Michael Mengel, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (03:13:53) Sandy Thigpen, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (03:14:14) Neil Graham, DDS, J.D., a Huntington Beach professional since 1968, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (03:16:13) Maria Spain, communicated opposition to Items #8, #9 and #10 at this time. (03:17:09) Pat Quintana, communicated opposition to Items #8, #9 and #10 at this time. (03:19:03) Jeff Luzadder, communicated opposition to Items #8, #9 and #10 at this time. (03:19:26) Janet Doe, communicated opposition to Items #8, #9 and #10 at this time. (03:20:11) Joti Ghuman, communicated opposition to Items #8, #9 and #10 at this time. (03:20:39) Sandy Crabb, communicated opposition to Items #8, #9 and #10 at this time. (03:20:48) Blake Rose, communicated opposition to Items #8, #9 and #10 for at least one year. (03:21:11) Dee and Kurt Wood, forty-year residents, communicated opposition to Items #8, #9 and #10 at this time. (03:21:58) Sheila Gee, communicated opposition to Items #8, #9 and #10 at this time. (03:22:47) Jessica Fede, communicated opposition to Items #8, #9 and #10. (03:23:57) Janet Bean, communicated opposition to Items #8, #9 and #10 until the crisis budget is approved. (03:24:07) Hilary Poole, communicated opposition to Items #8, #9 and #10 at this time. (03:25:13) Aaron Tse, communicated opposition to Items #8, #9 and #10 at this time. (03:26:42) Lynn Unger, communicated opposition to Items #8, #9 and #10 at this time. (03:26:57) Philip Thompson, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (03:27:36) PJ Garcia, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (03:28:13) Taylor Haug, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (03:29:15) 43 Council/PFA Regular Meeting April 20, 2020 Page 22 of 30 Dan Gooch, communicated opposition to Items #8, #9 and #10 until the crisis budget is approved. (03:29:39) Larry McNeely, communicated opposition to Items #8, #9 and #10 until the crisis budget is approved. (03:30:15) Kim Donnelly, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (03:30:54) Gary Wolfe, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (03:31:17) Larry Fidance, communicated opposition to Items #8, #9 and #10 at this time. (03:31:32) Janet Cole, communicated opposition to Items #8, #9 and #10 at this time. (03:31:50) Dorothy Newbrough, communicated opposition to Items #8, #9 and #10 until the full impact of COVID- 19 is known. (03:32:07) Logan Haug, communicated opposition to Items #8, #9 and #10 at this time. (03:32:33) Ray and Barbara Scrafield, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (03:32:40) Kris Carroll, communicated opposition to Items #8, #9 and #10 at this time. (03:33:33) Michael Gioan, communicated opposition to Items #8, #9 and #10 until the crisis budget is approved. (03:35:04) Justin Richter, communicated opposition to Items #8, #9 and #10 at this time. (03:36:03) John Davis, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (03:36:20) Josh Mallory, communicated opposition to Items #8, #9 and #10 at this time. (03:36:47) Kori Haug, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (03:37:06) Natalia Porter, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (03:37:27) Cynthia Trupski, communicated opposition to Items #8, #9 and #10 at this time. (03:38:16) Craig Frampton, communicated opposition to Items #8, #9 and #10 until the full impact of COVID-19 is known. (03:38:36) COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES 44 Council/PFA Regular Meeting April 20, 2020 Page 23 of 30 Councilmember Posey reported moderating a speaker's panel for a Building Industry Association (BIA) meeting regarding Regional Housing Needs Assessment (RHNA); and speaking to the Huntington Beach Police Officers' Association (HBPOA). Councilmember Hardy reported two meetings with the Coastal Cities Group to discuss sea level rise, short-term rentals, and ways to speed up the local coastal process with the Coastal Commission. Councilmember Carr reported speaking to the Huntington Beach Police Officers' Association (HBPOA). Councilmember Brenden reported presenting a City update via a Zoom meeting with the Chamber of Commerce, and speaking to the Huntington Beach Police Officers' Association (HBPOA). CITY MANAGER’S REPORT 3. 20-1485 Ascon Landfill Site Update Assistant City Manager Travis Hopkins presented a PowerPoint communication entitled Ascon Landfill Site Update, with slides entitled Current Status, Slope Failure Concern (2), Tension Cracks Identified, Emergency Repair Work (4), How to Stay Informed, and Questions or Concerns. Councilmember Carr and Assistant City Manager Hopkins discussed the project timeline, which starts on April 20. The repair work could continue for a month or two, depending upon whether or not odors are released, which will control how many cubic yards may be removed each day. 4. 20-1584 Update of the City COVID-19 Response Plan and Actions for Review and Discussion City Manager Oliver Chi provided a PowerPoint communication entitled City of Huntington Beach 2019/20 COVID-19 Budget Response Plan, that included the following titled slides: FY 2019/20 Budget Situation Overview, Revenue Projections - Then vs. Now, Budgetary Impact of Revenue Reduction, Current FY 2019/20 Budget Balancing Strategy, FY 2019/20- Revised Revenue Assumptions, Revenue Decrease Assumptions, Property Tax Assumption, Sales Tax Assumption, TOT Assumptions, Business License Assumptions, Licenses & Permits Assumptions, Charges for Current Services, Fines & Forfeitures Assumptions, Use of Money & Property Assumptions, Revenue Decrease Summary, FY 2019/20 Proposed Expenditure Cuts, Proposed Expenditure Cuts, Supplemental Employee Retirement Program Transfer Reduction, OPEB Retiree Medical Transfer Reduction, Section 115 Retirement Transfer Reduction, Hiring Freeze, COVID-19 Reimbursable Expenses, Reduce Overstated GF Bond Payment Transfer, General Liability Fund Transfer Suspension, Infrastructure Fund Transfer Reduction, Equipment Replacement Reductions, Equipment Replacement Cuts - Prior Year Encumbrances, Equipment Replacement Cuts - Current Year Requests to be Cancelled/Deferred, Equipment Replacement Cuts - Current Year Requests Already Cancelled, Current Year Operating Budget Reductions, FY 2019/20 Proposed Budget Adjustment Summary, Overall Budget Adjustment Summary, Updated FY 2019/20 General Fund Budget Overview, and Questions? Mayor Pro Tem Hardy asked, and City Manager Chi confirmed, that these projections are for the current fiscal year, or through June 30. There was discussion with Chief Financial Officer (CFO) Dahle Bulosan to define "other contract services." Mayor Pro Tem Hardy asked for more detailed explanations moving ahead, and confirmed that part-time employees do not get cost of living raises in step with full-time staff raises. 45 Council/PFA Regular Meeting April 20, 2020 Page 24 of 30 Councilmember Posey shared that he is happy to see that Reserves are not being touched in this budget, and believes that the projections are fair. He and CFO Bulosan discussed the Federal CARES Act which is expected to reimburse about $1M in City COVID-19 related costs at least through the end of this year. City Manager Chi explained that application will also be made to FEMA for reimbursement of additional costs if necessary. Mayor Pro Tem Hardy stated her support for continuing to place at least $1M into the Trust 115 account for the next several years to help meet the longer-term financial issue that is created by the COVID-19 crisis. Councilmember Carr stated support for continuing the $1M deposit into the Trust 115 account and asked if lost revenue funds could be acquired through reimbursement. Mayor Semeta explained that Federal guidelines define that only COVID-19 direct expenses are eligible for reimbursement. City Manager Chi stated there is talk that another Federal stimulus package may be directed to counties and local municipalities to help make up for expected revenue losses. Councilmember Brenden and City Manager Chi discussed further details on presentation slide #9, Sales Tax Assumption. Councilmember Brenden stated his concern about Q3 and Q4 projections, and City Manager Chi stated he expects the FY2020/2021 Budget to be presented to Council in early May. Councilmember Delgleize and City Manager Chi discussed the budget categories that would be impacted by COVID-19 reimbursements, and City Manager Chi confirmed that the $1M reduction in infrastructure transfer will not impact any current projects. City Manager Chi also explained that the MOUs being considered in this meeting have not been accounted for in this budget report; however if the MOUs are approved, their $1.6M impact for the current year would become a reduction to the currently projected $2.2M Net Position. Mayor Semeta stated support for Mayor Pro Tem Hardy's comments regarding the Trust 115 account. ADMINISTRATIVE PUBLIC HEARING 5. 20-1538 Conducted Public Hearing for 2020 Annual Weed Abatement Program and authorized the Director of Public Works to proceed with abatement of public nuisance Assistant City Manager Hopkins presented a PowerPoint communication entitled Annual Weed, Rubbish, and Refuse Abatement Program, with slides entitled Program Timeline (4). Mayor Semeta opened the Public Hearing for this Item. City Clerk Robin Estanislau announced that no public comments were submitted for this item. Mayor Semeta closed the Public Hearing. A motion was made by Peterson, second Hardy to open a public hearing for any objections and protests to the proposed removal of weeds, refuse and rubbish; and following the hearing; and, authorize the Superintendent of Streets (Acting Director of Public Works) to proceed with the abatement of said nuisance. 46 Council/PFA Regular Meeting April 20, 2020 Page 25 of 30 The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None ADMINISTRATIVE ITEMS 6. 20-1577 Approved Resolution Nos. 2020-24, 2020-25, and 2020-26 to establish Payment Deferral Programs for Business License Renewal Taxes and Fees, Transient Occupancy Taxes, and BID assessments collected by the City in Response to COVID-19 City Manager Chi requested that Resolution No. 2020-27 regarding the Tourism BID be pulled from consideration due to a procedural change and introduced the item by explaining this proposal is not to forgive any payments due to the City, but only to defer payments for at least four (4) months. Councilmember Brenden and City Manager Chi discussed the process which is intended to provide maximum flexibility while ensuring that any monies due to the City will be remitted by the end of next fiscal year, or June 30, 2021. City Manager Chi confirmed that the entities affected by these resolutions have expressed their support for the program. A motion was made by Posey, second Peterson to adopt Resolution 2020-25 related to the establishment of a business license payment deferral program for renewals; and, adopt Resolution 2020-24 related to the establishment of a TOT payment deferral program; and, adopt Resolution 2020- 26 related to the establishment of a BID payment deferral program, which would be instituted if the City were directed to do so by each respective BID, as amended to postpone consideration of Resolution No. 2020-27 to the May 4, 2020, City Council meeting. The motion as amended carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None At the eleven o’clock hour, a motion was made by Peterson, second Posey to continue the City Council meeting. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 7. 20-1578 Approved Emergency Facility Use Agreement between the County of Orange and the City of Huntington Beach to Establish a Temporary Alternative Shelter Site at 17631 Cameron Lane to Respond to the COVID-19 Pandemic. City Manager Chi introduced this item by explaining that the State of California has ordered that every county has to provide emergency shelter to isolate their homeless population during the COVID-19 crisis. He provided a PowerPoint communication entitled Orange County Efforts to Date, with slides entitled Possible HB-OC Partnership, Potential Temporary Alternative Shelter Site, Temporary Alternative Shelter Site — SPRUNG Tent Structures, Development of Shelter Site, Facility to be 47 Council/PFA Regular Meeting April 20, 2020 Page 26 of 30 Operated by Illumination Foundation, When the Shelter Order is Lifted . . ., Outreach Plan To Be Deployed, and City Council Options. Councilmember Delgleize and City Manager Chi discussed the services that will be provided by Illumination Foundation, such as oversight and management of the facilities, on-site medical care, and security that meets local standards. The agreement was drafted by the City Attorney's office and is part of this Item. City Manager Chi stated that it will take a couple of years to coordinate the affordable housing project, and three to five years for completion at that site. Councilmember Delgleize and Police Chief Handy discussed how this project will help the Huntington Beach Police Department, including facilities to currently house potentially 50 identified individuals, and down the road provide a means for comprehensively enforcing local camping ordinances and reclaiming some of the City's public space. Councilmember Carr expressed her support for this item, and thanked City Manager Chi for reaching out to the County for a workable solution. Councilmember Carr stated the importance of landscaping to minimize visibility of this facility from the street. Mayor Pro Tem Hardy confirmed that the physical address for the project is Cameron Lane, but ingress and egress are off Beach Boulevard, and suggested that there be efforts made with both the Fire Department and Post Office to get the address changed to Beach Boulevard. Mayor Pro Tem Hardy asked that the landscaping address not only the Beach Boulevard portion of the project, but also Cameron Lane. Councilmember Posey stated his support for this plan which in his opinion provides a good partnership with the County, a good tool for the Huntington Beach Police Department, and a good tool for the City now and in the future. Mayor Semeta, City Attorney Gates, and City Manager Chi discussed some of the specifics related to the time when this location management will transition from the County to the City, including the handling of active residents and managing company changes. City Manager Chi confirmed that anyone testing positive for COVID-19 will not be housed at this facility, but will be housed at other County-managed facilities already set up for the proper care and confinement of those individuals. A motion was made by Posey, second Hardy to authorize the City Manager to execute, in a form approved by the City Attorney, the "Emergency Facility Use Agreement between the County of Orange and the City of Huntington Beach" to establish a temporary alternative shelter site at 17631 Cameron Lane to respond to the COVID-19 pandemic. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 8. 20-1569 Adopted Resolution No. 2020-21 Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Police Officers’ Association and the City of Huntington Beach for January 1, 2020, through June 30, 2023 48 Council/PFA Regular Meeting April 20, 2020 Page 27 of 30 9. 20-1570 Adopted Resolution No. 2020-20 Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Management Employees’ Organization (MEO) and the City of Huntington Beach for November 1, 2019, through October 31, 2020 10. 20-1571 Adopted Resolution No. 2020-19 Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Municipal Teamsters and the City of Huntington Beach for October 1, 2019, through September 30, 2020 City Manager Chi noted that these Memorandums of Understanding (MOU) are being brought back to Council at this time to meet the requirements of the Meyers-Milias-Brown Act (MMBA). He reviewed the history of discussions which began last year, with tentative agreements reached in late January and early February this year, the introduction of the agreements on April 6, and tonight's decision of whether or not to approve. City Manager Chi provided a summary overview of each MOU which is estimated to have a total current year fiscal impact of $1.6M, and $2.58M for next fiscal year, and which propose that City employees pick up additional pension costs. Councilmember Peterson expressed his concerns regarding the budget free-fall which has just started in response to COVID-19, and his need to also see FY 2020/21 1st and 2nd Quarter numbers for an accurate crisis budget; referred to the majority of public comments opining that now is not the right time to increase expenses; referenced the "circumstance of change" which is allowed in the MMBA; and asked what will happen when the TOT and sales tax numbers don't come in as projected. Councilmember Peterson stated his need for a more accurate financial outlook before he can support these MOUs. Councilmember Posey stated his support for approving these MOUs, and explained that, in his opinion, not only are budget cuts required but there is also a need to diversify the economy, and described several scenarios to enhance diversification beyond just tourism to weather storms like this. Councilmember Carr expressed her support for Councilmember Posey's comments and these MOUs, and reiterated her opinion that these agreements are very fair in that both sides gave up things to reach these agreements. She also stated that since the MEO contract will end on October 31, 2020, and the Teamster's contract ends September 30, 2020, it makes no sense to delay a decision until 2021. Mayor Delgleize stated her support for the need to diversify the City's economy, and her decision to support these MOUs is based on a year of discussions, and includes the employees agreeing to carry a larger portion of their retirement plan, as well as the POA changing their time-off plan which both benefit the City. She further stated her opinion that decisions should be based on what is happening today, as well as looking to the future. Councilmember Brenden clarified the issue raised by several public speakers that "City Council is granting themselves a raise" and stated that City Council members, the City Manager, and department heads are not part of these labor groups. He further expressed his concerns regarding the process that keeps the public away from Council meetings, and suggested other options be considered to allow meeting attendance by the public while also adhering to appropriate social distancing practices. Councilmember Brenden explained his opinion that previous Council fiscal responsibility has created the current situation of fiscal strength, and it is not possible to expect Huntington Beach to respond as other area cities have because actual situations are not the same. 49 Council/PFA Regular Meeting April 20, 2020 Page 28 of 30 Mayor Pro Tem Hardy expressed support for Councilmember Brenden's concerns about how the public is currently required to communicate with Council, and supports considering other options. She also stated that these MOUs are good agreements; however, the economic future is not looking good to her, and some of the savings listed in the current FY crisis budget will not be possible to extend into the 2020/2021 budget. Mayor Pro Tem Hardy believes that very hard decisions about what to cut from the future budget will have to be made if these MOUs are approved now. Mayor Semeta stated her opinion it is irresponsible to approve $5M in raises during this time of economic turmoil and loss of income, and read a statement from a recently published article entitled, "Huntington Beach Denies Pandemic Reality and Dispenses Pay Raises" to describe her thoughts. A motion was made by Peterson, second Semeta to table Resolution Nos. 2020-21, 2020-20 and 2020- 19 until next year (2021). The motion failed by the following vote: AYES: Hardy, Semeta, and Peterson NOES: Posey, Delgleize, Carr, and Brenden A substitute motion was made by Posey, second Carr to adopt Resolution No. 2020-21, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding between the Huntington Beach Police Officers' Association (HBPOA) and the City for January 1, 2020 through June 30, 2023;" and, adopt Resolution No. 2020-20, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding between the Huntington Beach Management Employees' Organization (MEO) and the City for November 2, 2019 through October 31, 2020;” and, adopt Resolution No. 2020-19, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing t he Memorandum of Understanding between the Huntington Beach Municipal Teamsters (HBMT) and the City for October 1, 2019 through September 20, 2020." The substitute motion carried by the following vote: AYES: Posey, Delgleize, Carr, and Brenden NOES: Hardy, Semeta, and Peterson COUNCILMEMBER ITEMS 11. 20-1583 Approved Item Submitted by Mayor Semeta — Formation of an Economic Recovery Task Force Mayor Semeta introduced this item by describing the government mandates which are producing significant financial strain locally as well as around the world, and her interest in implementing a definitive plan to support economic stabilization, recovery and resiliency during and after the COVID-19 pandemic. Mayor Semeta stated her vision is to discuss and decide what should be done in Huntington Beach to make the recovery as quick and robust as possible for businesses and residents. Councilmember Posey shared his support for this item, and stated his opinion that government needs to get out of the way and make City Hall more business friendly. He stated there are existing groups like the Downtown Business Improvement District, Visit HB, Chamber of Commerce, Orange County Association of Realtors, Building Association of Orange County and the Auto Dealers Association, 50 Council/PFA Regular Meeting April 20, 2020 Page 29 of 30 among others, which are already focused on this issue, and his recommendation is for the Economic Recovery Task Force to first help auto dealers find space to store their inventory. Councilmember Carr expressed her support for this Task Force, and encouraged cooperation with the Task Force being set up by the County, and confirmed with Mayor Semeta that developing best practices for opening up businesses will be included in the discussions. Councilmember Brenden suggested effort be focused on how to restore some sense of normal while being mindful of the dangers that still exist. He and Mayor Semeta discussed that the initial purpose of the Task Force will be focused on the COVID-19 recovery, but it could also become a more permanent committee of business advisers in the future. Councilmember Delgleize stated her support for this item, and stressed that businesses have ideas and want to be heard and supported regarding their re-opening efforts. A motion was made by Semeta, second Peterson to direct the City Manager to return in two weeks with a proposal for the creation of the Huntington Beach Economic Recovery Task Force; and, appoint two City Council members to serve as Economic Recovery Task Force liaisons, should the proposal be approved and adopted. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Posey recognized two Huntington Beach students who were nominated for vocal and instrumental music categories in advanced competition: Daisy Tye, in Non-Classical Voice, and Ryan Marinier, in Guitar, both seniors at Huntington Beach High School. ADJOURNMENT — At 12:26 AM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, May 4, 2020, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov __________________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California 51 Council/PFA Regular Meeting April 20, 2020 Page 30 of 30 ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 52 Minutes City Council Emergency Meeting City of Huntington Beach Thursday, April 30, 2020 5:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 5:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 5:00 PM - COUNCIL CHAMBERS CALLED TO ORDER — 5:05 PM ROLL CALL Present: Posey, Delgleize (remote), Hardy, Semeta, Peterson, Carr (remote), and Brenden (remote) Absent: None PLEDGE OF ALLEGIANCE — Led by City Attorney Michael Gates ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet. Administrative Items Item No. 1 (20-1608) Regarding the Governor's announcement to close Orange County Beaches Seventeen (17) communications from: Justin Bruursema Dan Ciscel Darrin Hainer Brian Ross Jeannie Bird Marty Caprioni Kathleen Johnson John Carter Michael Canas Andrew Richmond Lenny Mawad Tom Niedringhaus Joe and Lori Scholz David Quesada Linda Fitch Dr. Kevin D. Tubbs Susan Lipscomb PUBLIC COMMENTS (all agenda and non-agenda items): Members of the public wishing to submit comments on agenda or non-agenda items that will be read live during the Public Comments portion of the meeting can submit one communication per person of 300 words or less at: https://huntingtonbeachca.gov/HBPublicComments/. Public Comments must be received no later than 5:00 PM the day of the meeting. Speakers — 36 53 Council Emergency Meeting April 30, 2020 Page 2 of 5 The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. City Clerk Robin Estanislau read aloud public comments received as of 5:00 PM: Judy Hall submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:02:10) Chauncey Fisher submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:02:53) Lee Ann Kruger submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:03:11) Marni Luther submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:03:30) Holly A. Conway submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:03:58) Joseph Dean submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:04:22) Heather Smalley submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:04:50) Mario Archaga submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:05:39) Eric Hertz submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:06:12) Patrick submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:06:37) Kevin Murray submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:06:58) Melinda Sprueill submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:07:27) Laura Conway submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:07:37) Patrick O'Sullivan submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:08:08) Carol Monroe submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:08:29) 54 Council Emergency Meeting April 30, 2020 Page 3 of 5 Bethany Webb submitted a communication stating support of Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:08:53) April S. submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:09:19) Libby Frolichman submitted a communication stating support for Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:09:49) Tamara Loving submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:10:31) Cathey Rider submitted a communication stating support for Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:11:07) Benjamin Rudolph submitted a communication stating opposition to Administrative Item No. 1 (20- 1608) regarding the Governor's announcement to close Orange County Beaches. (00:11:27) Roderick Jones submitted a communication stating support for Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:11:51) Keith Burke submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:12:04) Diana Zimmer submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:12:31) Matt Smalley submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:13:40) John Monroe submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:14:01) Donald Slaven submitted a communication stating opposition to allowing continued demonstrations on the streets of Huntington Beach. (00:14:26) Ary Davis submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:15:17) Amparo Burke submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:15:47) Debbi Parrott submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:16:19) Mary Moore submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:16:58) 55 Council Emergency Meeting April 30, 2020 Page 4 of 5 Lisa DeLuccio-Kavaleski submitted a communication stating support for Administrative Item No. 1 (20- 1608) regarding the Governor's announcement to close Orange County Beaches. (00:17:15) Jiri Herrmann submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:18:17) Janed Sax submitted a communication stating support for Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:19:38) Sarah Walker submitted a communication stating support for Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:20:12) Laurie Plotherow submitted a communication stating opposition to Administrative Item No. 1 (20-1608) regarding the Governor's announcement to close Orange County Beaches. (00:20:42) ADMINISTRATIVE ITEMS 1. 20-1608 Emergency Meeting regarding the Governor’s announcement to close Orange County Beaches that severely impacts the Public Health and Safety of the community and an immediate threat to disrupt public services facilities. Mayor Semeta introduced this item and explained that in a conference call by Governor Newsom's staff, held concurrently with Governor Newsom's public announcement of his closure of Orange County beaches, public officials were told this action was the result of alleged violations of the prohibition of mass gatherings and social distancing directives. As of the time of this meeting, no written statement outlining the directive has been received from Governor Newsom's office. This City Council Emergency Meeting has been called to discuss the City's response options. RECESS TO CLOSED SESSION — 5:30 PM (Pursuant to Section 54957 of the California Government Code, a two-thirds vote of the members of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present). A motion was made by Peterson, second Posey to recess to Closed Session for Item #2 (20-1606). The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None CLOSED SESSION 2. 20-1606 Pursuant to Government Code §54957(a), City Council recessed to Closed Session to discuss with City Management, Fire Department, Police Department, and City Attorney regarding the threat to the security of public services and the right of the public to access public services and facilities related to COVID-19 and the Governor’s press conference on April 30, 2020. In addition a discussion regarding potential litigation against the State regarding the same (Government Code §54956.9(d)(2)). 56 Council Emergency Meeting April 30, 2020 Page 5 of 5 RECONVENED CITY COUNCIL MEETING — 7:09 PM CLOSED SESSION REPORT BY CITY ATTORNEY In Closed Session, City Council voted 5-2 giving the City Attorney and his office authority to take any legal action to challenge the Governor's Executive Order of today, seeking to close all the cities' beaches in Orange County. The action was approved 5 - 2, with Peterson, Hardy, Semeta, Brenden and Posey in favor, and Delgleize and Carr in dissent. ADJOURNMENT — At 7:10 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, May 4, 2020, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov _________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 57 City of Huntington Beach File #:20-1580 MEETING DATE:5/18/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Accept $200,000 Coastal Commission grant and authorize City staff to establish a budget for the grant; approve and authorize execution of a Professional Services Contract with Michael Baker International for preparation of a Comprehensive Local Coastal Program Update; approve an increase in the Community Development Department’s Professional Services listing authority by $240,000; and appropriate funds Statement of Issue: The City’s Comprehensive Local Coastal Program (LCP) has not received a holistic update since 2001. The City has received a $200,000 grant from the Coastal Commission to assist in completing this update. The City Council may elect to accept this grant, and enter into a professional services contract with Michael Baker International (MBI), who was selected following a Request for Proposals process. If approved, MBI would assist the City in developing a comprehensive update to the City’s LCP, including sea level rise planning. Financial Impact: The Coastal Commission has awarded the City a $200,000 grant to be used for LCP updates and sea level rise planning to help offset the cost of MBI’s contract. Additional funding of $40,000 is available in Account 10060201. Recommended Action: A) Accept $200,000 Coastal Commission grant for a Comprehensive Local Coastal Program Update and authorize City staff to establish a budget for the grant in Fund 715 (Attachment No. 1); and, B) Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract Between the City of Huntington Beach and Michael Baker International, Inc. for a Comprehensive Local Coastal Program Update” in the amount of $240,000 as prepared by the City Attorney (Attachment No. 2); and, C) Approve an increase in the Community Development Department’s professional services listing authority by $240,000 for the preparation of a Comprehensive Local Coastal Program Update to ensure compliance with Administrative Regulation Number 228, Section 7.1; and, City of Huntington Beach Printed on 5/13/2020Page 1 of 3 powered by Legistar™58 File #:20-1580 MEETING DATE:5/18/2020 D) Appropriate funds in the amount of $200,000 from Fund 715, a grant from the Coastal Commission, for the Professional Services Contract between the City and Michael Baker International, Inc. Alternative Action(s): The City Council may make the following alternative motions: A. Do not accept the $200,000 Coastal Commission grant for a Comprehensive Local Coastal Program Update, and deny the Professional Services Contract between the City and Michael Baker International, Inc. B. Continue the item and direct staff accordingly. Analysis: On August 19, 2019, the City Council approved Resolution No. 2019-56 authorizing staff to submit a grant application to the Coastal Commission to fund a comprehensive update to the City’s LCP including sea level rise planning. The City’s LCP was last comprehensively updated in 2001. LCPs implement the statewide goals and policies of the Coastal Act at the local level and are required by the Coastal Act for each local coastal jurisdiction. LCPs are developed by local governments and, upon certification by the Coastal Commission, allow local governments the authority to issue coastal development permits. Late last year the Coastal Commission awarded the City a $200,000 grant to fund a comprehensive LCP update. The next step is to accept the grant and enter into a professional services contract to prepare and complete a comprehensive update to the City’s LCP including sea level rise planning. Consultant Selection Process The City received proposals from MBI and Dudek in response to a Request for Proposals (RFP) for the comprehensive LCP update. Both proposals did not exceed the $200,000 Coastal Commission grant. Three staff members reviewed the proposals based on a rating system that considered compliance with the RFP requirements, methodology, qualifications/experience, clarity, cost, and references. MBI received the highest score and was selected based on their proposal and prior experience completing the City’s last comprehensive General Plan update, Sea Level Rise Vulnerability Assessment, and Coastal Resiliency Plan. Environmental Status: Pursuant to Section 15265 of the California Environmental Quality Act (CEQA) guidelines, CEQA does not apply to activities and approvals by local governments necessary for the preparation and adoption of a local coastal program. Strategic Plan Goal: Strengthen long-term financial and economic sustainability City of Huntington Beach Printed on 5/13/2020Page 2 of 3 powered by Legistar™59 File #:20-1580 MEETING DATE:5/18/2020 Attachment(s): 1. Coastal Commission Grant Agreement for Comprehensive LCP Update 2. Professional Services Contract Between the City of Huntington Beach and Michael Baker International, Inc. for the Comprehensive LCP Update 3. Insurance Certificate City of Huntington Beach Printed on 5/13/2020Page 3 of 3 powered by Legistar™60 CALIFORNIA COASTAL COMMISSION STANDARD GRANT AGREEMENT (Rev 12l19) 1 . This Ag reement is entered into between the State Agency and the Grantee named below: AGREEMENT NUMSER LCP -19-l I FEDERAL ID NUMBER 9s-6000723 STATE AGENCYS NAME California Coastal Commission GRANTEE'S NAME The City of Huntington Beach 2. The term of this Agreement is: Upon Execution Or 02t1512020 through 0313112022 (the"TerminationDate") 3. The maximum amount of this Agreement is: $ 200,000.00 Two Hundred Thousand Dollars and Zero Cents 4. The parties agree to comply with the terms and conditions of the following EXHIBITS, which are by this reference made a part of the Agreement. EXHIBIT A - Scope of Work EXHIBIT A1- Definitions EXHIBIT B - Budget EXHIBIT 81 - Budget Detail and Payment Provisions EXHIBIT C - General Terms and Conditions EXHIBIT D - Special Terms and Conditions Check mark one item below as EXHIBIT D Attachment: I EXHIBIT D1 - Local Coastal Programs Terms and Conditions I ExHlBlT D2 - WHALE TAlLoTerms and conditions EXHIBIT E - Grantee Certification Clauses Form (GCC-o1/2019) EXHIBIT F - Amendment Template (lnformal) lN WITNESS WHEREOF, this Ag reement has been executed by the parties hereto' GRANTEE'S NAME frf ol het than an inctNktual stale whether a corqral'on'paine6hip, elc.) The City of Huntington Beach gY (Authodzed Signalutu) 6 10 pages l pages 2 pages 3 pages 4 pages 4 pages 10 pages 5 pages l pages PRINTED NAMEANO TITLE OF PERSON SIGNIN Ursula Luna Reynosa, Community Development Director ADDRESS 2000 Main St., Huntin on Beach, CA 92648 STATE OF CALIFORNIA AGENCY NAME California Coastal Commission 6Y (Aulhodzad sonatue) .d FnrNreo Nlue eNo ttne or P ERSON SIGNING Susan M. Hansch, Chief Deputy Director ADDRESS G DATE SlGNEDfD,,,, ryPc, DAre SIGNED(Do not tYPe) Caltlomia Deparlnent af General Seryicas Use OnlY EI This agreement is exempt from approval bv the Department of General SeMces per sbM vol. 1 4.06 (see 58 Ops. Cal. Attv Gen 586 and 63 OPs. Cal. AttY. Gen. 290). 45 Fremont Street, Suite 2000, San Francisco, CA 94105 04/09/2020 61 City of Huntington Beach LCP-19-11 Page 1 of 10 EXHIBIT A SCOPE OF WORK 1. Grantee agrees to expend grant funds provided by the Commission only for and in accordance with project activities as described under the Scope of Work attached hereto as EXHIBIT A. 2. The Project representatives during the term of this agreement will be: 3. All inquiries will be directed to: State Agency: California Coastal Commission Grantee: City of Huntington Beach Name: Madeline Cavalieri "Grant Man er" Name: Ursula Luna Reynosa, Community Develo ment Director Santa Cruz cA 95060 Address: 2000 Main St. Huntin on Beach, CA 92648 Phone:4274890 Phone:14 536-5271 Fax:831 4274877 Fax 14 374-1648 Email: madeline.cavalieri coastal.ca.OV Email: ursula.luna-reynosa@surfcity-hb.org on Beachcof Huntin Grantee:State Agency: California Coastal Commission Section/Unit: CommunitY Deve lopment De rtmentSection/Unit: Statewide Planning Name: Ricky Ramos, Senior PlannerName: KelseY Ducklow "LCP Grant Coordinato Address: 2000 Main St. H untin ton Beach Address: 45 Fremont St. Suite 2000 San Francisco, CA 94105 Phone:14 536-5624Phone:415 Fax:714 374-1648Fax:415 904-5400 .duckl coastal.ca.OV Email Kels Address: 725 Fronl Street #300, (831) cA 92648 904-2335 Email: rramos@su rfcitY-hb.org 62 City of Huntington Beach LCP-19-11 Page 2 of 10 EXHIBIT A SCOPE OF WORK Name of Local Government: City of Huntington Beach Name of Project: Huntington Beach Comprehensive Local Coastal Program Update Funding Source: Greenhouse Gas Reduction Fund Specific Program: Local Coastal Program Local Assistance Grant Program Federal Tax lD#: 95-6000723 Budget Summary: CCC funding: Other fundinq: $200,000 $124 ,340 Total project cost: $324,340 Term of Project: February 15,2020 or grant agreement execution date - March 31,2022 PROJECT DESCRIPTION The scope ofthe proposed project includes an update to the Sea Level Rise (SLR) Vulnerability Assessment that was completed in 2014 in preparation for the city of HuntinSton Beach'sGeneral Plan update. This update will inform the development and adoption of a coastal Resiliency program (cRp) Update and a comprehensive update to the Coastal Element ofthe City's Local Coastal program (LCp), which has not been comprehensively updated since 2001. The sLR Vulnerability study will also inform development and adoption of an update to the city's existing Floodplain ordinance which is a portion of the City's LCP lp. TASKS Task 1. Project Launch 1'1: Project Kick-off meeting - Following the award, a kick-off meeting with california coastal commission (CCC) staffwill be held to discuss grant procedures and project expectations, including the project schedule, invoicing, quarterly reporting, and other relevant information. The City will produce notes summarizing the meeting . Responsibte Porty: City of Huntington Bedch 1.2: consultant selection process - complete process for selection of a consultant using state-approved procurement procedures. The city will select a qualified consultant thai can complete the proposed project in accordance with ccc objectives. Responsible Party: City of Huntington Beach 63 City of Huntington Beach LCP-19-11 Page 3 of 10 EXHIBIT A 1.3: Staff Coordination with Selected Consultant to Track Proiect Progress - The City and consultant will conduct regular phone calls to facilitate effective communication regarding upcoming tasks and ensure the project is completed in a timely and fiscally responsible manner. Responsible Porty: City ol Huntington Beoch ond Consultont 1.4: lnvoicing & Quarterly Reporting - As required by grant administration procedures, the City will submit complete invoice packages to CCC staff based on milestone completion on a quarterly basis. The City will also submit quarterly reports to CCC staff providing a summary of project progress and grant/local match expenditures' consultant is responsible of drafting reports and the city is responsible of reviewing reports before sending to the ccc. Responsible Porty: city ol Huntington Beoch ond Consultont Outcomes/Deliverables: o Project kick-off meeting notes o Executed consultant contract o lnvoice packages and quarterly reports Task 2. Sea Level Rise Vulnerability Assessment Update 2.1: Background Data collection update to lncorporate New CCC Guidance and Best Available Science - ln 2017, the city adopted a comprehensive update to the General Plan. As part ofthe General Plan update effort, in 2014, the City prepared a SLR Vulnerability Assessment that was consistent with the adopted ccc Guidance available at the time. This previously completed sLR Vulnerability Assessment does not include new guidance from the ccc that has been adopted in the years since, including the 2015 original sLR Policy Guidance Document and the 2018 science Update to the SLR Policy Guidance. lt also does not include the best available science outlined in the 2018 oPc State SLR Guidance Document. ToupdatetheexistinssLRVulnerabilityAssessmentforconsistencywithnewCCC guidance, the consultint will collect and analyze the best available data and projections provided in the 2018 oPc state sLR Guidance Document. Responsible Porty: consultont 2.2:coastalconditionsAssessment-TheconsultantwillcompleteanUpdatedcoastal conditions assessment that incorporates new CCC guidance. This data analysis will providetherangeofbeachprofilesfrommultipleseasons,andfromeachprofi|ewillbe extractedbeachslopes(forwaverunup),backshoretoeelevation(forcalculating erosion potential), and crest elevation (for calculating wave overtopping and flooding)' Ameanhigh-watershorelinelocationwillbeextractedforinclusioninthehistorical shoreline change analysis. This witl result in a backshore classification showing locations 64 City of Huntington Beach LCP-19-1'1 Page 4 of 10 EXHIBIT A of coastal armoring, inlets, and dunes that have the relevant geomorphic data necessary to run SLR models. Responsible Porty: Consultont 2.3: Planning Area lnventory Update - As part ofthe 2014 SLR Vulnerability Assessment, the City completed a geo-referenced inventory of facilities potentially affected by SLR. The assessment found that by 2030 and 2O5O major roadways, public facilities, and residential areas in the coastal zone are vulnerable during combined extreme high tide and coastal storm wave events. By 2100 there is potential for widespread inundation across large portions of northern Huntington Beach in the vicinity of Sunset Beach, Huntin8ton Harbor, and Bolsa chica. critical facilities like the AES Southland (AES) power plant and the Orange County Sanitation District (OCSD) wastewater treatment facility in south Huntington Beach are vulnerable to tidal inundation, extreme wave events, and stormwater runoff. Beaches, stormwater and transportation infrastructure, public facilities, ecosystems, and commercial and residential buildings are also vulnerable. As part of the proposed sLR update, the consultant will analyze this existing inventory of impacted facilities for consistency with updated sLR vulnerability Assessment findings, with CCC sLR Adopted Policy Guidance, and with the 2018 opc state SLR Guidance. This inventorywill be updated and augmented if necessa ry. Responsible porty: consultont 2.4: outreach Prior to Modeling - The consultant will solicit input from the CCC and other resource agency staff regarding data and approach. Responsible porty: consultant 2.5: Model sLR scenarios - The city's 2014 sLR Vulnerability Assessment included a citywide assessment that divided the city into shoreline and inland waterway planning areas and evaluated six scenarios utilizing three different horizon years (2030, 2050, and 2100) with low and high SLR estimates. The consultant will model new sLR scenarios in conjunction with other coastal factors as identified in the city's LCP and based on agency guidance, such as erosion, flooding and storm impacts, inundation, and saltwater intrusion into freshwater resources. ln modeling a range of updated sLR scenarios based on the best available science, the consultant will follow the guidance provided in the 2018 opc state sLR Guidance. Responsi ble Pa rty : Consu ltont 2.6: conduct updated sLR vulnerability Assessment - An updated sLR vulnerability assessment will be conducted for each ofthe infrastructure elements and other development categories identified such as pubric access, recreation facirities and environmentally sensitive habitat and will be performed in accordance with the 201g oPc state sLR Guidance Document. sensitivity assessments will consider how sensitive aplanning area is to projected effects, as we as its capacity to adapt to those effects. A draft vulnerability assessment report will be prepared to allow for at least one month of 65 City of Huntington Beach LCP-19-11 Page 5 of 10 EXHIBIT A review by Coastal Commission staff and other stakeholders. A final vulnerability assessment report will then be prepared that incorporates comments. Responsible Porty: Consultont 2.7: Study Approach Summary - Consultant will prepare a summary of project approach and analysis methods to be incorporated into the vulnerability assessment report for reference use by other jurisdictions and resource agencies. Responsible Party: Consultant Outco m es/De live ra b les: ! lnventory of data gathered provided in electronic format t Updated Baseline Conditions Assessment and Memo o Draft and Final SLR Vulnerability Assessment and summary of study approach 3.1: Review Current Coastal Resiliency Program, Existing Studies, and Adaptation Policies-As part ofthe 2017 General Plan Update, the City prepared a Coastal Resiliency Program (CRP) and identified strategies and implementation measures to address and adapt to hazards associated with SLR. The CRP was intended to serve as a "bridge document" linking the General Plan to a future comprehensive LCP update in an advisory manner that allows both documents to incorporate SLR considerations, consistent with new CCC Guidance, into the planning process to achieve a common vision for a resilient community. As a result, some of the recommended strategies and implementation steps described in the current Coastal Resiliency Program were identified as more appropriate for addressing in a future LCP Update. The consultant will review the City's current CRP as well as existing studies and adaptation policies that have been implemented elsewhere in order to consider best practices for completingthe proposed CRP Update. The consultant also will review updates to the CCC's SLR policy guidance that have been adopted since the City completed this initial CRP document, including the 2015 Original SLR Policy Guidance Document, the 2018 Science Update to the SLR Policy Guidance, and the 2018 OPC State SLR Guidance Document. Responsible Porty: Consultont 3.2: Conduct a Public Outreach Process - The City and the consultant will conduct a public outreach process that educates and engages the community and other stakeholders affected by SLR. ln contrast to public outreach completed for the CRP as part of the General Plan update, this public outreach process will be specific to the impacts of SLR and will focus on educating and engaging stakeholders in the CRP update process. The City will also solicit input from CCC and other resource agency staff as well as the local community during Plan reparation. A potential obstacle associated with this aspect of the work plan is the possible time delay associated with soliciting input from a Task 3. Coastal Resiliency Plan Update 66 City of Huntington Beach LCP-19-11 Page 6 of 10 EXHIBIT A variety of agencies and individuals. Responsible Party: City of Huntington Beach and Consultont 3.3: Develop SlR-Related Options and Policies - The consultant will develop an updated menu of SlR-related options and policies that may be used by the City to address potential hazards and to incorporate these policies in the LCP update. Responsible Pofi : Consultont 3.4: Prepare Coastal Resiliency Plan - The consultant will prepare an update to the Coastal Resiliency Plan as a result of the vulnerability assessment and an evaluation of the options and policies, which includes guiding principles, goals and preparedness actions. Reviewing data for both inside and outside the Coastal Zone may help assign varying levels of priority for facilities and resources. For example, facilities within the Coastal Zone could be assigned to short-term mitigation plans, and facilities located inland ofthe CoastalZone could be designated for longer-term solutions. The second potential obstacle in the work plan is the challenge of developing consensus around policies and strategies that result in trade-offs. A draft Coastal Resiliency Plan will be prepared to allow for at least one month of review by Coastal Commission staff and other stakeholders. A final Coastal Resiliency Plan will then be prepared that incorporates comments. Responsible Porty: Consultant 3.5: Establish a Monitoring Program - With the assistance of the consultant, the City will establish a monitoring program based on public data sources. Responsible Party: City of Huntington Beoch and Consultant Outcomes/Deliverables o Draft and Final Coastal Resiliency Program Updateo Public outreach presentation and summary . Monitoring Program Summary Task 4. Coastal Element Update 4.1: Draft Coastal Element Update - Based on the data collected (Sea Level Rise Vulnerability Assessment and Coastal Resiliency Plan) and policy framework, the consultant will identify components of the General Plan Coastal Element, which functions as the Land Use Plan component of the City's certified LCp, and LCp lmplementing Ordinances that warrant modification. The consultant will also identify other plans, such as infrastructure master plans that may also require modification in light of new findings from the updated SLR Vulnerability Assessment. After identifying these elements and the feedback gathered in the public outreach meetings conducted as part ofTask 3, the consultant will develop a Draft Coastal Element Update. The Draft will be posted on the City's website and distributed to interested parties for comment. 67 City of Huntington Beach LCP-19-11 Page 7 of 10 EXHIBIT A The City will also work with CCC staffto revise the draft as necessary and will incorporate any input into the final draft ofthe Coastal Element for CCC certification. CCC staff will have at least one month to review draft changes. Responsible Porty: City of Huntington Beoch ond Consultont 4.2: Prioritize lmplementation Elements for lmplementation Program and ldentify Funding Sources - The consultant will conduct an analysis to prioritize the potential land use and other implementation improvements based on vulnerability, impact, timeframe, and cost. The consultant will also review and identify potential funding sources for future implementation of priority projects. This analysis will be summarized in a report (Priority and Potential Funding Sources Report). Responsible Porty: Consultont 4,3: Final coastal Element update - complete the final report that addresses the comments from Community Workshops, public feedback gathered during the community outreach for sea level rise vulnerability and risk assessment (Task 2), and input from ccc staff, city staff, officials, or other relevant parties on the Draft coastal Element update. The consultant will submit hard copies and electronic copies to the CCC. All plans will credit the financial contribution of the grant proSram on the cover of the report. Responsible Pafi: Consultont 4.4: City council Adoption - Presentation by consultant on the final coastal Element update at a city council meeting. Resolve any issues, if applicable. Adopt final city of HLntington Beach Coastal Element Update for the City's LCP and submit to the Coastal Commiision for certification along with necessary/appropriate supporting documents and information , Responsible Porty: cw of Huntington Beoch ond Consultont Outco m es/De live ra b les: o Draft Coastal Element UPdate o Priority and Potential Funding Sources Report . Final Coasta I Element . Submittal of locally-adopted Coastal Element Update Task 5. Floodplain Ordinance Update 5.1: Draft Floodplain ordinance Update - Based on the data collected and policy framework,theconsultantwillidentifycomponentsoftheCity.sFloodplainordinance thatwarrantmodification'Afteridentifyingtheseelementsandthefeedbackgathered in the public outreach meetings conducted as part ofTask 3, the consultant will develop aDraftFloodplainordinanceUpdate'TheDraftwillbepostedonthecity,swebsiteand distributed to interested parties for comm ent' Responsihle Porty: Consultdnt 68 City of Huntington Beach LCP-I9-1 "l Page 8 of 10 EXHIBIT A 5.2: Public Outreach and lnformation Process - The City and the consultant will conduct a public outreach process that educates and engages the community and other stakeholders regarding the proposed updates to the Floodplain Ordinance. The City will also work with CCC staffto revise the draft as necessary and will incorporate any input into the final draft ofthe Floodplain Ordinance Update. CCC staffwill have at least one month to review draft changes. ResponsiD le Porty: City of Huntington Beoch and Consultant 5.3: Final Floodplain Ordinance Update - Complete the final report that addresses the public outreach process and input from CCC staff, City staff, officials, or other relevant parties on the Draft Floodplain Ordinance Update. The consultant will submit hard copies and electronic copies to the CCC. Responsible Party: Consultont 5.4: City Council Adoption - Presentation by consultant on the final Floodplain Ordinance Update at a City Council meeting. Resolve any issues, if applicable. Adopt final City of Huntington Beach Floodplain Ordinance Update and submit to CCC for certification along with necessary/a ppropriate supporting documents and information. Responsible Pofty: City of Huntington Beach ond Consultont Outcomes/Deliverables: o Draft Floodplain Ordinanceo Public Outreach Slideshow Presentation and Meeting Noteso Final Floodplain Ordinance Report. Submittal of locally-adopted Floodplain Ordinance 69 EXHIBIT A SCHEDULE Project start/end datev 2lt5l2O20 or grant agreement execution date - 3l3t/2122 lTentotive schedule below is subject to further refinement once o consultont is hiredl 2ltsl 2020-tl3tl2o22Task 1- P Launch 2/Ls/zozo - 2/Lsl2O201.1 Project Kick-off meeting 2/Lsl2O2O - sl412O2O1.2 Consu ltant Selection Process s/4/2o2o - 3/3t12o221.3 Staff Coordination 7 /tl2,2o -313r/2o221.4 lnvoicin and Quarterl Re ortlng a. 213t/2o20 b. sl4l2o20 c. 3l3tl2o22 Outcomes/Deliverables: a. Project kick-off meeting notes b. Executed consu ltant contract lnvoice ackages and uarterly re orts slslzozo - ttlLsl202oTask 2 - Sea Level Rise Vulnerability Assessment U ate s/s/2o2o - s/29/2O2O2.1 Backg round Date Collection Update sls/2O2O-613O/2O2O2.2 Coastal Conditions Assessment s/sl2 o2o-6/30/20202.3 Plannin Area lnventory UPdate 6/rlzc.2o -7/rsl2o2o2.4 Outreach Prior to Modeling 7 /7s/2020 - 8/74/2o2o2.5 Model SLR Scenarios 8l L7 /2O2O - ttlt5120202.6 Conduct Up dated SLR Vulnerability Assessment s/11 2020 -9130120202.7 Studv Ap roach Summary a. 7ltsl202o b. 7/tslzozo c. 9l30/2020 d. trlrs/z,2o Outco mes/De live rab les: a. lnventory of data gathered b. Updated Baseline Conditions Assessment and Memo Draft SLR Vulnerability Assessmentc d Final SLR VulnerabilitY Assessment 0-3 tl2o2ttolTask3-Coastal Resilie Plan U ro/L/2o20 - Lol30/20203.1 Review Current Coastal Resiliency Program, Existin Studies, and Ada ation Policies tLl2l 2020-t2l3Ll2020Conduct Public Outreach Process3.2 77/21 2O2O - L/8|2O2L3.3 Develo SLR-Related Opt ions and Policies tt/21 2O2O-3131120213.4 Pre are Coastal Resilien Plan Ll4l 2O2L-2/rsl2o2]^3.5 Establish a Monitorin Program a. tlrs/2ozt b. 2hsl2o2L c. 2lLsl2ozr d. 3l3L/2O21 Outcomes/Deliverables: a. Public Outreach Presentation and Summary b. Monitoring Program Summary c. Draft Coastal Resiliency Plan Update d. Final Coastal ResiliencY Plan Update 2ltlzo2t-12022sk 4 - Coastal Element UpdateTa City of Huntington Beach LCP-19-11 Page 9 of 10 70 City of Huntington Beach LCP-19-1 1 Page 10 of 10 4.1 Draft Coastal Element Update 2/L/2O27 - 7 /3O/2027 4.2 Prioritize lmplementation Elements for lmplementation Program and ldentify Funding Sources 4/7/2027 -7 /7/2027 4.3 Final Coastal Element Update 8/2l2o2t -sl30/2o2L 4.4 City Council Adoption 77/ts/2027 - 21712022 Outcomes/Deliverables: a. Draft Coastal Element Update b. Priority Report and Potential Funding Sources c. Final Coastal Element Update d. Submittal of locally-adopted Coastal Element U date a. 7/3o/2o2r b. 7h/2o27 c. 9/3o/2o27 d.2/7/2022 Task 5 - Floodplain Ordinance U e 4ltl2o2t-217 5.1 Draft Floodplain Ordinance U pdate 4/L/2o2L - 6178/2O2L 5.2 Public Outreach and lnformation process s/3/2027 - 6/78/2o2r 6/27/2027 - 8/30/2027 5.4 City Council Ado tio n Outcomes/Deliverables: a. Draft Floodplain Ordinance Update b. Public Outreach Slideshow Presentation and Meeting Notes c. Final Floodplain Ordinance Report d. Slideshow Presentation and Meetin c. 8/3o/2O2I d.217/2022 BENCHMARK SCHEDULE ACTIVITY COMPLETION DATE Pro ect Kickoff and Selection of Consultant Fina I SLR Modelin g and Vulnerability Assessment Lr/ts/2o2o Final Coastal Resilien cy Plan Draft Coastal Element U date 7/30/202t Draft Flood la in Ordinance Update 617812027 Submittal of Locally-Adopted Coastal Element and n Ordinance UpdatesFloodlai 2/7/2022 EXHIBIT A 5.3 Final Floodplain Ordinance Update t2l20/2o2t - 21712022 Notes a. 6hgl202r b. 6/78/2O2t sl4/2020 3/37/2027 71 City of Huntington Beach LCP-19-11 Page 1 of 'l EXHIBITAl DEEINIIIQNS 1. The term "Agreement"; this Grant Agreement. 2. The term "Budget Act"; the annual enacted version of the Budget Bill which makes appropriations for the support of the govemment of the State of California. 3. The term "Chief Deputy Director''; the Chief Deputy Director of the Commission. 4. The terms "Commission" or "Coastal Commission" and the acronym "CCC" all refer to the California Coastal Commission. 5. The term "Executive Director''; the Executive Director of the Commission. 6. The term "Grant" or "Grant Funds"; in the case of LCP grants, the money provided by the califomia climate lnvestments program or, in the case of Public Education grants, sales and renewals of the wner-e Tnrr-@ Speciatty License Plate, or califomia's Voluntary Tax Check-Off Program, and administered by the Coastal Commission to the Grantee pursuant to this Agreement. 7. The term "Grant Manage/'; the representative of the Commission with authorization per the Executive Director to administer and provide oversight of the Grant' 8. The term "Grantee"; an applicant who has a signed agreement for Grant Funds. 9. The term ,'Project'; the activity described under the scope of work, attached as EXHIBIT A, to be accomplished with Grant Funds. 10. The term "Project Budget"; the commission approved cost estimate submitted to the commission's Grant Manager for the Project. The Project Budget shall describe all labor and material costs of completing each component of the Project. The Project Budget shall contain itemized amounis permissible for each item or task described in the Scope of Work. The Poject Budget must include the set administrative and indirect costs agreed upon by the Parties if applicable' 11. The term ,,Public Agency"; any state of california department or agency, a county, city, public district or public agency formed under California law' 12. rheterm ,,scope of work" refers to ExHlBlT A, including the approved Project Description, Tasks, and Schedules. 13. The term "Termination Date"; the date by which all activity for the project must be concluded,asspecifiedinthesignaturepageofthisAgreement.Workperformed after this date cannot be reimbursed. 72 City of Huntington Beach LCP-19-11 Page 1 of2 EXHIBIT B BUDGET City of Huntington Beoch CCC Gront Totol Motch/Other Funds (City Funds) Totol (LCP Gront Funds + Match/ Other Funds) TABOR COSTST City Staff [abor Taskl- Project Lounch SO s3,s00 s3,s00 Task 2 - seo Level Rise Anolysis so s6,000 s6,000 Task 3- Coostol Resiliency Plon SO S7,ooo Task4- Coastol Element Updote S3o,ooo Task 5 - Floodploin Ordinonce Update So s24,000 s24,000 Total Labor Costs so 97o,soo.oo STo,soo.oo DIRECT COSTS City Staff P ro ect Supplies General Supplies Slooo $o Slooo Srooo ci Staff Travel ln State Mileage, Hotel, etc.SO s2,2oo 52,2Oo Totol So $2,200 S2,2oo Consultants3 Toskl-ProjectLounch S4,438.38 5401.62 S4,840 Tosk 2 - Seo Level Rise Anolysis s100,872.30 s9,727.7O s68,s93.17 S6,206.83 S74,8oo Tosk4-Coostal Element U dote s26,096.1s s4,703.8s S3o,8oo Tosk 5 - Floodploin Ordinonce Updote SO s24,2O0 $2oo,ooo 544,640 1,.4nount requested should include totallor solary and benefits. '-Trqvel reinbursement rates are the same as similarly siluated stqte employees.r,All-consulrants must be selecred pursuant to o biddiig and proiriiiit pro""n tnd complies v,irh all applicablelows- S7,ooo SO s30,000 SO Slooo Totol S11o,ooo Tosk 3 - Coostol Resiliency Plon s24,2O0 Totol Consultonts 5244,640 73 City of Huntington Beach LCP-19-11 Page 2 o'f 2 EXHIBIT B a lndirect costs include, for acample, o pro rata share ofrent, utililies, and salaries /or certain positions indirec y supporting the proposed project but not directly stqfing it. Amount requestedfor indirect costs should be capped at l0o% of amount requestedfor "Total Lqbor." ndirect Costs Total city staff so S6,ooo S6,ooo City of Huntington Beoch CCC Grdnt Total Motch/Other Funds Totol (LCP Gront Funds + Motch/ Other Funds) Total Direct Costs s200,000 ;47,s4o ovERHEAD/|NDtRECT COSTS4 TOTAL PROJECT COST S2oo,o00 5124,34o $324,340 74 City of Huntington Beach LCP-19-11 Page 1 of 3 BUDGET DETAIL AN EXHIBIT 81 D PAYMENT PROVISIONS (Local Coastal Programs) 1. Req uest for Funds A. For performance of activities satisfactorily rendered during the term of this Agreement (as specified in EXHIBITS A and B)' and upon receipt and approval oflhe Request for Funds Form described below (also referred to as the "RFF Form"), the Commission agrees to reimburse Grantee for actual expenditures incurred in accordance with the rates specified herein or attached hereto' B. Grantee shall submit each RFF form, in triplicate, no more frequently than monthly (except as requested by the Commission) but no less frequently than quarterly'(assuming activity occurred within that quarter). RFF forms shall be submitted in arrears to: California Coastal Commission Attn: Tamara Doan (LCP Grant Coordinator) Statewide Planning Division 725Frcnl Street, Suite 300 Santa Cruz, CA 95060 C. Each RFF form shall contain the following information: 1. Grantee's name and address as shown in this Agreement. 2. lnvoice number and date of the RFF 3. Time period covered by the RFF form during which work was actually done. 4. Agreement number as shown on this Agreement. 5. Original signature of the Grantee, specifically the Project Representative, as identified in EXHIBIT A. 6. ltemized costs by tasks and source of funds as listed in the Scope of Work for the billing period in the same or greater level of detail as indicated in the Project Budget (see EXHIBIT B), with supporting documentation. Only those costs and/or cost categories expressly identified in this Agreement may be reimbursed. 7. Remaining balance listed by task number from the Scope of Work including the cumulative expenditures to date, the expenditures during the reporting period, and the unexpended balance of funds under this Agreement. 8. The total amount of all other funds, including matching funds, under the Grantee Matching Funds section of the RFF. D. Attached to the RFF form, the Grantee shall submit a supporting progress report summarizing the work that was completed during the invoice period and the 75 EXHIBIT 81 current status of the work for which disbursement is sought, including work by any consultant, and comparing it to the status required by the Scope of Work (budget, timeline, tasks, etc.). Progress reports must be submitted no less frequently than on a quarterly basis, even if an RFF is not submitted. lf applicable, the Grantee must submit GGRF-related reporting materials, as required under "CALIFORNlA CLIMATE INVESTMENTS REPORTING" (under EXHTBTT Dl). E. Notwithstanding the foregoing, the Grant Manager of the Commission may request, and the Grantee shall provide, receipts or other source documents for any other direct expenditure or cost as described in the RFF form, as and when necessary to resolve any issue concerning reimbursement. F. The Grantee's failure to fully execute and submit a RFF form, including attachment of supporting documents, may relieve the Commission of its obligation to disburse funds to the Grantee unless and until the Grantee corrects all deficiencies. G. Any RFF form that is submitted without the required itemization and documentation wilibe considered "disputed" and will not be authorized. lf the RFF form package is incomplete, inadequate or inaccurate, the commission will inform the Grantee and will withhold payment until all required information is received or corrected. ln the case of non-compliance, the Commission will issue a formal lnvoice Dispute Notification ISTD (209)l and take necessary action in resolving any disputed matte(s). Any penalties imposed on the Grantee by a consultant, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement. H. Grant Funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the commission must occur within the term of the Grant Agreement and before the Termination Date. l. The Grantee shall expend Grant Funds in the manner described in the Scope of work and Project Budget approved by the state. Expenditure on items contained in the approvid Project Budget may vary by as much as ten percent with prior approval by the commission Grant Manager, provided the grantee first submits a revised Project Budget for the purpose of amending the Project Budget.. ln any event, the total amount of the Grant Funds may not be increased, except by written amendment to this agreement and only if approved by the Commission' 2. Budqet Continqency Clause A. lt is mutually agreed that if the final Budget Act of the current year and/or any subsequeni yelrs covered under this Agreement does not appropriate sufficient City of Huntington Beach LCP-19-1 1 Page 2 of 3 76 City of Huntington Beach LCP-19-11 Page 3 of 3 EXHIBIT 81 funds for the Grant Program, this Agreement shall be of no further force and effect, and the Commission shall have no liability to pay any funds whatsoever to Grantee or to furnish any other consideration under this Agreement and Grantee shall not be obligated to continue performance under the provisions of this Agreement. B. lf funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Grant Program, the Commission shall have the option at its sole discretion to either cancel this Agreement with no liability accruing to the Commission or enter into an agreement amendment with Grantee to reflect the reduced amount. 3. Prompt Pavment Clause Payment will be made no later than 45 days following receipt of properly submitted, undisputed invoices except as otherwise set forth in, and in each case in accordance with, the California Prompt Payment Act, Government Code section 927, et seq. 77 EXHIBIT C GENERAL TERMS AND CONDITIONS '1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the California Coastal Commission. Grantee may not commence performance until such approval has been obtained. 2. AMENDMENTS: This Agreement may only be amended by mutual agreement in writing between Grantee and the commission. Any request by the Grantee for an amendment must state the amendment request and reason forthe request and shall be submitted in writing, such as by email or letter. The Grantee shall strive to make requests immediately upon discovering that an amendment may be needed. No oral understanding or agreement not incorporated into the Agreement in writing is binding on the parties. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Scope of Work (EXHIBIT A) and Project Budget (EXHIBIT B) approved by the Commission. ln any event, the total amount of the Grant Funds may not be modified, except by written amendment to this Agreement. Any subsequent changes or additions to the Scope of Work and Project Budget approved by the Commission in writing are hereby incorporated by reference to this Agreement as though set forth in full in this Agreement. Changes to the grant term and/or the total amount of Grant Funds will require a formal amendment, while changes to Scope of Work (EXHIBT A) and the Project Budget (EXHIBIT B) may be done through an informal amendment, found in EXHIBIT F. 3. ASSIGNMENT: This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the Commission in the form of a formal or informal written amendment. 4. INDEMNIFICATION: Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all consultants, subconsultants, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement. 5. DISPUTES: Grantee shall continue with the responsibilities under this Agreement during any dispute. NO CREATION OF AGENT RELATIONSHIP:Grantee, and the agents and employees of Grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 6 City of Huntington Beach LCP_19-11 Page I of4 78 City of Huntington Beach LCP-19-11 Page 2 of 4 EXHIBIT C 7. NON -DISCRIMI TION C USE:During the performance of this Agreement' Grantee and its consultants, subconsultants sha ll not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, aniestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability' medical condition (e'g ' cance4, age lovei+6,;, marital status, and denial of family care leave Grantee and consulianti shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. drantee and consultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code $12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (california code of Regulations, Title 2, section 7285 el seq.). ine applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f)' set forth in Chapter 5 of Division + of Titte 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Grantee and its consultants shall give wriften notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 8. CERTIFICATION C USES: The GRANTEE CERTIFICATION CLAUSES contained in the document GCC-1/2019 are hereby incorporated by reference and made a part of this Agreement (EXHIBIT E) by this reference as if attached hereto 9. TIMELINESS: Time is of the essence in this Agreement. lO.COMPE SATION : The consideration to be paid Grantee, as provided herein, shall be in compensation for all of Grantee's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 11. GOVERNING LAW: This agreement is governed by and shall be interpreted in accordance with the laws of the State of California. I2.ANT|TRUST CLAIMS: The Grantee by signing this agreement hereby certifies that if services or goods are obtained through a public purchase by means of a competitive bid, the Grantee shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney 79 EXHIBIT C General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. ln submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title' and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Parl2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. lf an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned undLr this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to oveicharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which thi cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 1 3. CHTLD SUPPORT COMPLIANCE ACT: For any Agreement in 9xc9s3.oj^$'100,000,@cordance with Public Contract Code 7110, that: b c d a. The Grantee recognizes the importance of child and family support obligations and shill fully comply with all applicable state and federal laws relaing to child and family support enforcement, including, but not limited to, discloiure of information and compliance with earnings assignment orders, as frovided in Chapter I (commencing with section 5200) of Part 5 of Division 9 of the FamilY Code; and b.TheGrantee,tothebestofitsknowledgeisfullycomplyingwiththeearnings assignmentordersofallemployeesandisprovidingthenamesofallnew City of Huntington Beach LCP-19-1 1 Page 3 of 4 80 City of Huntington Beach LCP-19-11 Page 4 of 4 employees to the New Hire Registry maintained by the California Employment Development Department. 14. UNENFORCEABLE PROVISION: ln the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 15.RIORIry HIRING CONSIDERATI : lf this Agreement includes services in excess of $200,000, the Grantee shall give priorig consideration in filling vacancies in positions funded by the Agreement to qualified recipients of aid under Welfare and lnstitutions Code Section 1 1200 in accordance with Pub. Contract Code 910353. 16.AUDlT REQUIREMENTS AND FINANCIAL RECORDKEEPING: Commission projects are subject to audit by the State annually and for three (3) years following the payment of Grant Funds. Accordingly, Grantee shall maintain orderly, accurate and complete documents and records of all financial accounts, costs, disbursements, receipts and other matters relating to this Agreement consistent with the policies outlined in EXHIBIT C, hereto, forthe Project and shall make them available to the State orthe Commission for auditing, inspecting and copying at reasonable times. Grantee agrees to allow the auditor(s) to interview any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code 98546.7, Pub. Contract Code gl 01 15 et seq., CCR Title 2, Section 1896). Grantee shall also retain such documents and records for three (3) years after final payment and one (1) year following an audit unless a longer period of records retention is stipulated. The documents for audit should be retained onsite. Grantee shall use applicable Generally Accepted Accounting principles published by the American lnstitute of Certified Public Accountants. lf Grantee stated in the Project Budget that other sources of funding will be used to complete the Project, the Grantee shall establish internal systems to track expenditures of matching or in-kind funds on a regular basis and will make the documentaiion available to the Commission upon request. EXHIBIT C 81 City of Huntington Beach LCP-19-1 1 Page 1 of4 1. PROJECT ECUTION A. Grantee shall complete the Project before the Termination Date. B. Subject to the availability of funds, the Commission hereby grants to the Grantee the sum $200,000 (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the Project in this Agreement and its attachments and under the terms and conditions set forth in this Agreement. 2. POTENT IAL CONSU LTANTS/C ONTRACTOR S C. Prior to the commencement of any Project work, Grantee agrees to submit in writing to the Commission for prior approval any deviation from the original Scope of Work pursuant to EXHIBIT A and the Project Budget pursuant to EXHIBIT B. Changes in the Scope of Work or Project Budget must continue to ensure timely and effective completion of the Project, including where applicable a new or updated Local Coastal Program for certification by the Commission. Any modification or alteration in the scope of work or Project Budget on file with the Commission must be submitted to the Commission for approval. Changes to the Scope of Work or Project Budget shall require an amendment to this Agreement (see "Amendments" under EXHIBIT C). D. Grantee shall furnish any and all additional funds that may be necessary to complete the Project. E. As applicable, Grantee shall ensure that Project work excludes any and all projeit work that was funded through previously awarded grants or the matching funds identified through previously awarded grants so as to ensure that current grant funding is not duplicative of previous grant funding. such grants include. 6ut are not li-mited to, WHALE TAlLoGrants, grants previously awarded by the coastal commission, grants awarded by the ocean Protection council as well as grants awarded by the State Coastal Conservancy. F. Final invoicing shall be submitted promptly following the termination date of the grant or upon a date mutually agreed upon by the Grantee and the Grant Manager. G. Grantee certifies that the Project does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, the California Coastal Act, health and safety codes, and disabled acress laws' Nothing contained in this Agreement or otherwise, shall create any contractual relation betweJn the Commission ahd any consultants, and no contract shall relieve the Grantee EXHIBIT D Special Terms and Conditions 82 City of Huntington Beach LCP-19-1 1 Page 2 ot 4 EXHIBIT D of its responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible for the acts and omissions of its consultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its consultants is an independent obligation from the Commission's obligation to make payments to the Grantee. As a result, the Commission shall have no obligation to pay or to enforce the payments of any moneys to any consultants. The Grantee agrees to include in any agreement with any consultant and/or subconsultant under the Grant Project terms that preserve the rights, interests, and obligations for the benefit of the Commission and its funding sources as described in EXHIBIT C ('General Terms and Conditions") and EXHIBIT DlDllD2 ("Special Terms and Conditions") of this Grant Agreement. lf all or any part of the Project to be funded under this Agreement will be performed by third parties under contract with the Grantee, prior to executing an agreement for services, the Grantee shall inform the Grant Manager of the selection of the third party. Grantees seeking contractors and/or consultants under this Agreement should select those contractors/consultants pursuant to a competitive bidding process if services exceed the amount of $2,500.00. ln the absence of bidding, adequate justification must be provided. Grantees seeking consultants to perform granlrelated tasks and services shall select all consultants pursuant to a bidding and procurement process that complies with all applicable laws. All consultants and subcontractors are subject to all terms and conditions of this agreement in accordance to the california state contracting Manual. consultants seeking travel reimbursement see "Travel Reimbursement" clause below. 3. TRAVEL REIMB URSEMENT The commission will reimburse travel and related expenses at actual costs not to exceed the state rates provided in Title 2, Division 1, chapter 3, subchapter 1, Article 2 of the california code of Regulations. Grantees may seek reimbursement for any travel expenses that are in excess of these state rates, but only if the Grantee has received pnbrwritten approval of the commission's chief Deputy Director or his/her designee permitting the expenses in excess of state rates on the basis that state rates were not reasonably available. Reimbursement for the cost of operating a private vehicle shall not, under any circumstance, exceed the current rate specified by the State of California for unrepresented state employees as of the date the cost is incurred. Receipts will be required for all travel related reimbursements. All travel costs are inclusive within the budgeted amount referenced in this Agreement. Grantees shall ensure that travel and related expenses, including Grantee's consultant and subconsultant travel and related expenses, submitted to the commission for reimbursement, do not exceed the state rates provided in Title 2, Division 1, chapter 3, subchapter 1, Article 2 of the california 83 City of Huntington Beach LCP-19-11 Page 3 of 4 Code of Regulations, unless prior written approval permitting the expenses to be in excess of state rates was obtained, as noted above. 4. PROPERTY PU RCHASED The Grantee agrees to continue using property purchased under this Agreement for the purposes outlined in this Agreement or similar activities until it is fully consumed (i.e. is either fully distributed, damaged, worn-out, or becomes obsolete). Grantees purchasing any articles, supplies, or equipment under this Agreement exceeding the cost of $2,500.00 per purchase order shall select those items pursuant to a process that seeks three competitive quotations. ln the absence of bidding adequate justification must be provided. 5. SETTL EMENT OF DISPUTES lf the Grantee believes that there is a dispute or grievance between Grantee and the Commission arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue with the commission's Grant Manager. lf the issue cannot be resolved at this level, the Grantee shall follow the following procedures: lf the issue cannot be resolved directly with the Grant Manager, the Grantee shall submit, in writing, a grievance report together with any evidence to the chief Deputy Director of the Commission. The grievance report must state the issues in the dispute' the legal authority, or other basis ior the Grantee's position and the remedy sought. Withiriten (10) diys after receipt of the grievance report, the Chief Deputy Director, or his/her designee, ihall meet in person or via phone with the Grantee and the Grant Manager foipurposes of resolving the dispute. The decision of the Chief Deputy Director following such a meeting shall be final. Grantee hereby waives all claims and recourses against the commission, including the right to contribution for loss or damage to persons or property arising from, growing out of oi in "ny *"y connected with or incident to this Agreement, except for claims for . reimbursement of costs due under this Agreement, recovery of which shall be limited to tne totaf amount properly incurred hereunder and in no event exceed the total amount of Giant Funds provided for hereunder. Grantee acknowledges that it is solely responsible for its compliance with the terms of this Agreement. b.WAIVER AND RE E 7. REALLOCA TI ON OF FUNDS lf Grantee fails to meet the performance criteria and/or Benchmarks in this Agreement' the Executive Director or his designee may immediately upon written notice cancel this Agreement or request to amend the Agreement, and as feasible, re-allocate any EXHIBIT D 84 City of Huntington Beach LCP-19-11 Page 4 of 4 EXHIBIT D unspent funds to one or more of the other approved Grantees that needs additional funding or whose grant was not fully funded. Should a Grantee not need the full amount of funds awarded by the Commission, they shall notify the Grant Manager as soon as possible so that any remaining allocated but unspent funds may be redistributed, as feasible. ln addition, should Grantee fail to enter into an agreement necessary for its performance hereunder in a timely manner, the Executive Director or his designee may, upon Commission approval, reallocate funds to supplement an already awarded grant. 8. SURVIVAL The obligations in the "lNDEMNlFlCAT|ON" and "AUDtT REQUTREMENTS AND FINANCIAL RECORDKEEPING "clauses of the General Terms and Conditions (EXHIBIT C), and in the "ACKNOWLEDGMENT'and "WORK PRODUCT, ctauses in the special rerms and conditions (EXHlBlr Dl), as well as any other provisions in this Agreement that by their nature are intended to survive termination or expiration, shall survive the termination of this Agreement. 9. WA RS GENERALLY No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either party. 1 O. EXECUTIVE DIRECTOR'S DESIGNEE The Executive Director shall designate a commission staff Grant Manager who shall have authority to act on behalf of the Executive Director with respect tolhis Agreement. Grantee shall be notified of such designation in writing. 85 Definitions 1 . The terms "Air Resources Board", "California Air Resources Board", or the acronym "CARB' refer to the California Air Resources Board. 4. The term "Disadvantaged Community" refers to communities identified by the California Environmental Protection Agency as the top 25% most impacted census tracts in CalEn viroScreen 3.0 a screening tool used to help identify communities disproportionally burdened by multi ple sources of pollution and with pop ulation characteristics that make them more sensitive to pollution https ://oe h h a. ca. qov/cale n nviroscreen-31 and ://www.arb ments.ht, 5. The term "Greenhouse Gas Reduction Fund" or the acronym "GGRF' all refer to the Greenhouse Gas Reduction Fund. httDs arb.ca.oo ndtrade/a roceeds2O18-fundino- ouidelin DdP oa 2.117 664137.1287 1.1543248408-696453445.1 613225 6. The term "LCP" refers to Local Coastal Program. 7. The term "Local coastal Program Local Assistance Grant Program" refers to the coastal commission's grant program to support local govemments in planning for sea level rise and climate change, and developing new or updating existing Local coastal Programs (LCP), consistent with the california coastal Ad. cA code of Reg Title 14 Division 5.5 Ch. 8 Sub. 2 8. The term "Low-lncome CommunitY " refers to communities and households that are found within census tracts and households, respectively, that are either at or below 80 pe rcent of the statewide median income, or at or below the threshold designated as low-i ncome by the California Department of Housing and Community DeveloP ment's adopted list of state income limits h n n htm City of Huntington Beach LCP-19-11 Page 1 of 10 EXHIBIT D1 Local Coastal Proqram (LCP) Terms and Gonditions 2. The term "Benchmark"; specific tasks or project deliverables identified in the Scope of Work as approved by the Commission. 3. The term "California Climate lnvestments" or the acronym "CCl" all refer to the California Climate lnvestments program, a statewide initiative that puts billions of Cap-and-Trade dollars to work reducing greenhouse gas emissions, strengthening the economy, and improving public health and the environment - particularly in disadvantaged communities. hftps://ww2.arb-ca aov/our' work/n roo ra m s/c al if o rn i a-ch m a te - i n vestments. 86 EXHIBIT D1 9. The term "Materials"; all data, plans, drawings, specifications, surveys, studies, and other written or graphic work produced in the performance of this Agreement and are identified as "deliverables" in the Scope of Work of this Grant Agreement. 10. The term "Other Sources of Funds" ; cash or in-kind contributions that are required or used to complete the Project beyond the Grant Funds provided by this Agreement. 1 1 . The term "Pooled Money lnvestment Account" (PMIA) refers to the account through which the State Treasurer invests taxpayers' money to manage the State's cash flow and strengthen the financial security of local governmental entities. The rate of interest earned on the Pooled Money lnvestment Account serves as a benchmark for setting interest rates in several provisions of state law, and is the rate that is used for purposes of this Agreem ent. cc Tiile 2. Government of the Statute ot CA [800022980], Division 4. Fiscal Affairs [16100-1777], paft 2 State Funds [16300-16649.95], Ch. 1.16314 12. The term "Request for Funds Form" or "RFF Form"; the form that will be submitted requesting payment and which is described in EXHIBIT 81. 13. The term "Round 1" refers to the Commission's first round of LCp grant funding that commenced in Fiscal Year 2013-2014 under the Local coastal program Local Assistance Grant Program. 14. The term "Round 2" refers to the Commission's second round of LCp grant funding that commenced in Fiscal Year 2014-2015 under the Local coastal program Local Assistance Grant Program. 15. The term "Round 3" refers to the commission's third round of LCp grant funding that commenced in Fiscal Year 2016-2017 under the Local coastal program Local Assistance Grant Program. 16. The term "Round 4" refers to the commission's fourth round of LCp grant funding thatcommenced in Fiscal Year2017-2018 underthe Local coastal piogram Local Assistance Grant Program. 17. The term "Round 5" refers to the commission's ffih round of LCp grant funding that commenced in Fiscal Year 2018-2019 under the Local coastaiprogram Lo'cal Assistance Grant Program. 18. The term "Round 6" refers to the commission's sixth and current round of LCp grant funding that commenced in Fiscal year 2o'lg-2020 under the Local coastat Program Local Assistance Grant program. City of Huntington Beach LCP-19-1 1 Page 2 of 10 87 City of Huntington Beach LCP-19-1 1 Page 3 of 10 19. The term "Sea Level Rise Guidance" refers to the Coastal Commission's sea level rise guidance document adopted in August 2015 and updated in 2018. The document provides an overview of best available science on sea level rise for California and recommended steps for addressing sea level rise in Coastal Commission planning and regulatory actions under the Coastal Act. LCP Terms and Cond itions 1. PURPOSEOFG RANT FUNDING Grant funds shall be used to fulfill the goals of the California Climate lnvestments program, including planning for strategies to reduce greenhouse gas emissions, adapt to the impacts of climate change, and maximize benefits to disadvantaged and low- income communities. @CAClimatelnvest shall be posted on websites. standard funding language on websites and in a 2. ACKNOWL EDGEMENT ln order to acknowledg e the Commission's and the California Climate lnvestments' support of the project, t he Commission's and the California Climate lnvestments' name and logo shall be includ ed in a prominent location in all materi als related to the LCP Grant Project, including,but not limited to: Grantee reports or website postings a bout the grant program; draft and final work products, such as vulnerability assessments, adaptation plans, land use P lans and implementation plans; and public outreach-rela ted materials, including workshoP announcements, press releases, contacts with the media, signage, invitations, and other medi a-related and public outreach products. The email info@ caclimateinvestments.qov shall be included on any distribution lists and The Grantee shall use the following nnouncements, press releases, and publications: The city of Huntington Beach comprehensive Local coastal Program Update is paft of Catifomia Climate-lnvestments, a statewide program that puts billions of Cap-and-Trade doilars to wo* reducing GHG emissions, strengthening the economy, and improving putb,tic health and the ehvironment-pafticulaly in disadvantaged communities' The Cap' 'and-Trade program also creates a financial incentive for industies to invest in clean technotogies a,nd develop innovative ways to reduce pollution. califomia climate tnvestmints proiects inc]ude affordable housing, renewable energy, public tiansporlatio'n, iero-emission vehicles, environmenta! restoration, more sustainable agiiulture, recycting, and much more. At least 35 percent of these investments are licated wiinin inA ienefiting residents of disadvantaged communities, low-income comtmunities, and tow-incoie households across Califomia For more information, visit the Califomia Climate lnvestments website at:www.caclimateinvestments.ca'gov' EXHIBIT D1 88 City of Huntington Beach LCP-19-1 1 Page 4 of 10 EXHIBIT D,I The Grantee shall include in any agreement with any consultant or subconsultant under the LCP Grant Program terms that preserve the rights, interests, and obligations created by this section, and that identify the Commission and the California Climate lnvestments as third-pafi beneficiaries of those provisions. The Commission and the California Climate lnvestments shall have the right to republish any material generated as a result of this Agreement. J , WORK P RODUCT It shall be the Commission's Grant Manager's sole determination as to whether grant materials (i.e. project deliverables in Scope of Work) have been successfully completed and are acceptable to the Commission. The Commission reserves the right to withhold reimbursement under the REIMBURSEMENT clause for materials deemed incomplete or substandard. For materials that constitute LCPs, including Land Use Plans and lmplementation Plans, the standard of review in determining whether a LCp is successfully completed and acceptable as a work product under the Scope of Work of this Grant Agreement, is the Coastal Act. The Grantee agrees that all materials are subject to the unqualified and unconditional rights of the commission and the california climate lnvestments as set forth in this section. The commission and california climate lnvestments shall have the right to reproduce, publish, display and make derivative use all such work, or any part thereof, free of charge in any manner and for any purposes whatsoever and to authorize others to do so. lf any of the work material is subject to copyright, trademark, service mark, or patent, the commission and the california climate lnvestments are granted and shall have a perpetual, royalty-free, nonexclusive and irrevocable license to use, reproduce, publish, use in the creation of derivative works, and display and perform the work, or any part of it, and to grant to any third party a comparable and coextensive sublicense. Grantee agrees that it shall use the materials developed with Grant Funds only for the purpose for which the Grant Funds were requested and no other use of the materials shall be permitted (including use of the work produced under this Agreement for any profit-making venture, or the sale or grant of rights thereto for that purpose) except as othenarise agreed to in an Amendment. Grantee must certify the materials developed with Grant Funds under this Agreement shall remain available for public request. This Agreement shall not prevent tie transfer of the materials from the Grantee to a public Agency if the successor public Agency assumes the obligations imposed by this Agreement. lf the use of the materials is changed to a use that is not permitted by the Agreement, or if the materials are sold or othenarise disposed of, at the commission,s sole-discretion, an amount equal to (1) the total amount of the Grant Funds, or (2) the proceeds from 89 EXHIBIT D1 Commission staff will be available to support the development of the Project through regular coordination and assistance. Commission staff support includes regular coordination meetings, timely review of reports, and participation in stakeholder advisory groups, as feasible, to ensure timely and successful completion of the Project. Public outreach shall target all interested members of the public, including visitors and other non-residents to the maximum extent feasible for the purpose of meaningful engagement in policy development, technical studies, and other tasks conducted pursuant to the grant Project. All public outreach activities related to the Project shall, to the maximum extent feasible, proactively engage those who already face disproportionate environmental burdens or vulnerabilities to environmental hazards, and/or those who come from communities of existing social inequalities, including members of the public and organizations from the following communities: disadvantaged communities, communities of color and/or low income, communities with low capacity to adapt to climate change, and communities not in close proximity to the shoreline but who visit and recreate there. Outreach activities shall seek to provide maximum opportunities for these groups to engage with and provide input on the tasks of the Project. Complete reimbursement of Task funds under this Agreement will be dependent upon successful completion of the Task deliverable(s) of this Agreement. Grantee agrees that up to 2Oo/o of each Task and the total Task Budget hereunder may not be reimbursable until each Task and all final Task deliverables have been completed, delivered by the Grantee to Commission Staff, and accepted by the Commission's Grant Manager. 6. DIGITAL AND PAPER SU BMITTA L OF MATERIALS Prior to the Executive Director's determination and reporting of certification pursuant to Section 13544 of the California Code of Regulations of a granlfunded LCP project, grantees shall submit LCP documents and maps in both paper and editable digital format to the Coastal Commission. City of Huntington Beach LCP-19-11 Page 5 of 10 the sale or other disposition, whichever is greater, shall be promptly reimbursed to the Commission by Grantee. The Grantee agrees to include in any agreement with any consultant and/or subconsultant under the Grant Project terms that preserve the rights, interests, and obligations created by this section, and that identify the Commission and the California Climate lnvestments as third-party beneficiaries of those provisions. 4. PUBLIC ENGAGEMENT 5. REIMBURSEMENT 90 City of Huntington Beach LCP-19-"11 Page 6 of 10 Throughout the term of this Agreement, for the life of any asset funded by the grant monies awarded pursuant to this Agreement, or for any period of project implementation after the termination date of this Agreement, the Grantee shall maintain insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the Grantee or its agents, representatives, employees, volunteers, or consultants associated with the Project undertaken pursuant to this Agreement. lf the Grantee provides funds to any consultants to accomplish any of the work of this Agreement or provides grant funds to any contractor to carry out a project under this Agreement, the Grantee shall first enter into an agreement with each consultant requiring it to obtain and maintain liability and property-damage insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the consultant, or its agents, representatives, employees, or volunteers, associated with the project undertaken pursuant to this Agreement. As an alternative, with the written approval of the Executive Director, the consultant may satisfy the coverage required by this section in whole or in part through its participation in a "risk management" plan, self-insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section. Required insurance shall be maintained from the commencement date through the Termination Date of any work undertaken by the consultant under the approved Scope of Work. 1. General Liability: (lncluding operations, products and completed operations, as applicable) EXHTBIT Dl 7. INSURANCE A. Minimum Scope of lnsurance. Coverage shall be at least as broad as: 1. lnsurance Services Office ("lSO") Commercial General Liability coverage (occurrence Form CG 0001) or ISO Comprehensive General Liability form (1973) or comparable with Broad Form Comprehensive General Liability endorsement. 2. Automobile Liability coverage - ISO Form Number CA 0001, Code 1 (any auto). 3. Workers' Compensation insurance as required by the Labor Code of the State of California. B. Minimum Limits of lnsurance. Grantee shall maintain coverage limits no less than: $1,000,000 per occurrence for bodily injury, personal injury and property damage. lf Commercial General Liability lnsurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities under this Agreement or the general aggregate limit shall be twice the required occurrence limit. 91 EXHIBIT D1 2. Automobile $1,000,000 per accident for bodily injury and property Liability: damage. C. Deductibles and Self-lnsured Retentions.Any deductibles or self-insured retentions must be declared to and approved by the Executive Director. D. Required Provisions . Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days'prior F. Verificatio Cove The Grantee shall furnish the Grant Manager with original certifi cates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Grant Manager within 30 working daYs from th e start date of the Grant Project. The Commission reserves the right to require comPlete, ce rtified copies of all required insurance policies' including endorsements affecting the cove rage, at any time G. Premiums and Assessments. The commission is not responsible for premiums and assessments on any insurance policy written notice by certified mail, retum receipt requested, has been given to the Executive Director. The general liability and automobile liability policies are to contain, orto be endorsed to contain, the following provisions: 1. The State of Califomia, its officers, agents and employees are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Grantee; and with respect to liability arising out of work or operations performed by or on behalf of the Grantee including materials, parts or equipment fumished in connection with such work or operations. 2. For any claims related to this Agreement, the Grantee's insurance coverage shall be primary insurance with respect to the state of california, its ofiicers, agents and emPloYees. 3. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemni! the additional insured would be invalid under subdivision (b) of sec{ion2782 ol lhe Civil Code. E. Acceptabilitv of lnsurers. lnsurance shall be placed with insurers admitted to transact OuSne.ss in tne State of Califomia and having a current Best's rating of "B+:Vll" or better or, in the alternative, acceptable to the commission and approved in writing by the Executive Director. 8. CALI ORNIA C IMATE IN VESTMENT S REPORTINGF Upon request by the Grant Manager and in accordance with the reporting requirements unOer eiHtgtt'gt, tne Grantee shall complete and submit to the Commission the City of Huntington Beach LCP-19-11 Page 7 of 10 92 5 California Coastal Commission Sea Level Rise poli cy Cuidance 2018. Avqiloble.'ocunenl cu v/as uida Full 2 o Califomia Ocean Protection Council Sci ence Advisory Team Working Group 2017. Available: htto://'www.opc.ca.gov/w ebmaster/ft.o cs/risins-se qs-in-cqliforni n-updqte-on-s a-level-rise-scie nce.odf Accessed 28 Jul y 2017 ? Safeguarding Califomia Plan: 2018 Update. httD://respurces.ca. eov/docs/climate/safeeuardins/update20l 8/safeeuardine-california-plan-20 I g-update.pdf Accessed l7 December 2018. City of Huntington Beach LCP-19-"11 Page 8 of 10 EXHIBIT D,I following reporting templates for the purpose of reporting under the California Climate lnvestments program: Co-Benefit Assessment Methodologies for the purpose of estimating economic, environmental, and public health benefits of the project; Greenhouse Gas Emissions Reduction Assessment Methodologies for the purpose of estimating reductions to greenhouse gas emissions attributed to the project; and Evaluation Criteria for the purpose of identifying direct, meaningful, and assured benefits that the project provides to disadvantaged and low-income communities (also known as priority populations as defined by the California Climate lnvestments Program). All Assessment Methodology templates and Evaluation Criteria templates shall be provided by the Commission to the Grantee to complete and submit to the Commission, as required herein. The Commission retains the right to request submittal of additional, supporting information related to the reporting requirements herein. 9. COASTAL COMMISSION SEA LEVEL RISE GUIDANCE Grantees shall use the Commission's Sea Level Rise Policy Guidance documents to inform the development of sea level rise impact assessments, vulnerability assessments, and LcP Land Use Plan and lmplementation plan completion or updates. 1 O. VULNERABILITY ASSESSMENTS ln addition to the general recommendations contained within the coastal commission's sea Level Rise Policy Guidance, and unless otheruise provided in the scope of work of this Agreement, Vulnerability Assessments shall include: (1) storm and non-storm scenarios, including maximum daily and annual tidal inundation, (2) assessment of sea level rise vulnerability with and without key development that is currenfly vulnerable and/or protected by a revetment, such as Highway 1, railroad tracks, and/or a row of residences, (3) anticipated changes in beach width under future sea level rise scenarios, (4) evaluation of the feasibility and effectiveness of sediment management and beach nourishment, and (5) evaluation of sea level rise vulnerability of exiiting and planned segments of the california coastal rrail, (6) incorporation of the subject oi environmental justice by, to the extent feasible, analyzing the differential impicts of sea level rise upon various demographics and community groups, and (7) consideration of the latest reports on sea level rise science and recommendations from the state of california, including Rising seas in california (Griggs el al. 2017),6 the most recently adopted update to the State sea Level Rise Guidance, and the most recent version of the safequardino california Plan'. These scenarios and topics should be modelled or 93 EXHIBIT D1 quantitatively analyzed where feasible and applicable, or at a minimum thoroughly discussed in a qualitative manner. Scenarios analyzed should include Medium-high Risk Aversion and Extreme Risk Aversion scenarios per the 2018 Ocean Pro tection Council uidance and the Coastal Commission's Sea Level Rise Policv Guidance Update adopted November 2018, which both provide recommendations to aid in planning and understanding the worst-case scenario for projected time horizons. ll.COORDINAT ION OF SEA LEV E RISE PLANNINGL WORK Sea level rise work completed under the Local Coastal Grant Program shall be coordinated regionally to the extent feasible with other jurisdictions and entities working on sea level risl prol6cts within the same county or broader regional area relevant for sea level rise adaptation, such as the watershed, littoral cell, or area with similar geologic characteristics. Entities working on sea level rise projects include, but are not iimiteJ to, the State Coastal Conservancy, the Ocean Protection Council, The Nature conservancy, NOAA, and USGS. Coordination includes early coordination meetings among the different entities, sharing of technical analyses and lessons learned as well as coisideration of regional adaptation policies, and development of LCP policies. Q E RMINATION Except as otherwise set forth in this Agreement, this Agreement may be terminated or suspended (a) by the commission for any reason upon thirty (30) days prior.written notice to the Grantee, (b) by Grantee for any reason upon thirty (30) days prior written notice to the commission subject to the approval of the commission in its sole discretion, and (c) immediately upon written notice by either party "for cause". The term ,,for cause" shali mean that either the Grantee or the Commission fails to meet any material terms, conditions, and/or responsibilities of the Agreement' ln the event of a termination or suspension, the Grantee shall immediately stop work and take all reasonable measures io prevent further costs requiring reimbursement by the commission. The commission shall then only be responsible for any reasonable and non-terminable obligations incurred by the Grantee in the performance of this ngi";"ni prior to the dlte of the notice tb terminate or suspend, but not to exceed the bJlance of the total funds which remains unencumbered under this Agreement at the time of termination. on or before the date of termination of this Agreement, whether terminated by the Grantee or the commission, the Grantee shall provide the commission with all work, materiar, data, information, and written, graphic or other work produced, developed or ""quireO under this Agreement (whetheicompleted or partial)' in appropriate' readily useable form. City of Huntington Beach LCP-19-11 Page 9 of 10 94 City of Huntington Beach LCP-19-1 1 Page 10 of '10 EXHIBIT D1 The Grantee expressly agrees to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this Agreement. The Grantee shall include in any agreement with any consultant retained for work under this Agreement a provision that entitles the Grantee to immediately suspend or terminate the agreement with the consultant for any reason on written notice. Notwithstanding the foregoing, Grantee acknowledges (and waives any defense based on a claim) that monetary damages may not be an adequate remedy to redress a breach by Grantee hereunder and that a breach by Grantee hereunder may cause ineparable harm to the Commission. Accordingly, Grantee agrees that upon a breach of this Agreement by Grantee, the remedies of injunction, declaratory judgment and specific performance shall be available to the Commission. 95 City of Huntington Beach LCP-19-11 Page 1 of 5 The Grantee's signor CERTFIES UNDER PENALTY OF PERJURY that they are duly authorized to legally bind the Grantee to the clauses below. This certification is made under the laws of the State of California. GRANTE CERTIFICATION C LAUSES 1. STATEMENT O F COMPLIANCE: Grantee has , unless exempted, complied with the nondiscrimination program requirements. (Gov. Code S12990 (a-f) and CCR, Title 2' Section 1 1 102) (Not applicable to public entities.) 2. DRUG-FREE WORKP LACE REQ UIREMENTS: Grantee will com ply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the persbn's or organization's policy of maintaining a drug-free workplace; 3i any'available counseling, rehabilitation and employee assistanee programs; and, 4) pehalties that may be imposed upon employees for drug abuse violations' c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. EXHIBIT E cERTTF|CAT|ON (GCC-1 /201 9) Failure to comply with these requirements may result in suspension of payments under the Agreemeni or termination of the Agreement _or both and Grantee may be ineligible tor aviaro of any future State agreements if the Coastal Commission determines that "nyottn" following has occurred: (1) the Grantee has made false certification, or (2) vioiated the certification by failing to carry out the requirements as noted above. (Gov. Code $8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD C,ERTIFlcATloN: Grantee certifies that no m@ing of contempt of court by a Federal.court has been issued against Grantee within the immediately preceding two-year period because 96 City of Huntington Beach LCP-'|9-11 Page 2 of 5 of Grantee's failure to comply with an order of a Federal court which orders Grantee to comply with an order of the National Labor Relations Board. (PCC 10296) (Not applicable to public entities.) 4. CONTRACTS FO R LEGAL SERVICES $5O.OOO OR M ORE. PRO BONO REQUIREMENT: Grantee here by certifies that Grantee will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Grantee agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year ofthe contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10o/o of its contract with the State. Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expakiate corporation within the meaning of Public conhact code section 1 0286 and 1 0286.1 , and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Grantees contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penaity of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been iaundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that they adhere to the sweatfree code of conduct as set forth on the california'Department of lndushial Relations website located at www.dir.ca.qov, and public contract iodeSection 6108. b. The Grantee agrees to cooperate fully in providing reasonable access to Grantee re99rd9, documents, agents or employees, or premiies if reasonably required by authorized officials of the coastal commission, the Department of lndusirial Relitions, EXHIBIT E 97 City of Huntington Beach LCP-19-1 1 Page 3 of 5 EXHIBIT E or the Department of Justice to determine Grantee compliance with the requiremenls under paragraph (a). 8. GENDER IDENT]T.T: For Grantee Agreements of $100,000 or more, Grantee certifies that Grantee is in compliance with Public Contract Code section 10295.35. DOING BUSINESS WI TH THE S TATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of Californ ia. 1. CONFLIC T OF INTEREST: Grantee needs to be aware of the followin g provisions regarding current or former state employees. lf Grantee has any questions on of any person rendering services or involved with the Agreement, the awardin must be contacted immediately for clarification. Current State Employees (Pub. Contract Code $10410) 1). No officer or employee shall engage in any employment, activity or enterprise from wnich the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent Grantee with any state agency to provide goods or services. Former State Employees (Pub. Contract Code $10411): 1). For the two-year period from the date he or she left state employment, no former siate officer or employee may enter into a contract in which he or she engaged in any of the negotiations, tianiactions, planning, arrangements or any part of the decision- makin! process relevant to the agreement while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or .n" *r. employed by thai stlte agency in a policy-making position in the same general subject area asthe proposed contiact within the 12-month period prior to his or her leaving state service. the status g agency 7. DOMESTIC PARTNERS: For Grantee Agreements of $100,000 or more, Grantee certifies that the Grantee and/or its subcontractors/consultants are in compliance with Public Contract Code section 10295.3. 98 City of Huntington Beach LCP-19-11 Page 4 of 5 EXHIBIT E lf Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (PCC 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10a30 (e)) 2. LABOR CODEA/VORKERS' C OMPENSATIO N: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. GRANTEE NAME CHANGE: An amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change the state will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5 COR PORATE QUALIF ICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the Coastal commission will be verifying that the Grantee is currenfly qualified to do business in california in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate Grantee performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of california) must be in good standing in order to be qualified to do business in california. The coastal commission will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other locar pubric body must provide thestate with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execuion of the agreement. 99 8. PAYEE DATA RECORD FORM STD. 204: This form must be compteted by all Grantees that are not another state agency or other government entity. City of Huntington Beach LCP-19_11 Page 5 of 5 EXHIBIT E 7. AIR OR WATER POLLUTION VIOLATION: Under the State taws, the Grantee shail not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 100 City of Huntington Beach LCP-19-11 Page 1 of 1 EXHIBIT F INFORMAL AMENDMENT Amendment to 1. This amendment (the "Amendment") is made by and parties to the agreement dated (the "Agreement"). 2. As ol (datd , the Agrqement is amended as follows: 3. Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms. lf there is conflict between this amendment and the Agreement or any earlier amendment, the terms of this amendment will prevail. Signed and Agreed: Representative of Printed Name Title: Dated Representative of Coastal Commission By Printed Name: Title: Dated: By: 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 TASK MICHAEL BAKER MOFFATT & NICHOL STAFF HOURS TOTAL COST Principal Project Manager Senior Planner Coastal Planner Community Engagement GIS Specialist Graphic Designer Admin. Principal Project Manager Senior Coastal Scientist Coastal Scientist $220 $195 $162 $120 $135 $105 $156 $85 $266 $207 $222 $129 TASK 1 - PROJECT LAUNCH Task 1.1 & 1.3: Consultant Kick-off Meeting and Staff Coordination 4 4 8 2 2 2 22 $3,824 Task 1.4: Invoicing & Quarterly Reporting 2 4 16 8 30 $4,796 TASK 2 - SEA LEVEL RISE VULNERABILITY ASSESSMENT UPDATE Task 2.1: Background Data Collection Update 2 4 2 8 4 16 36 $6,010 Task 2.2: Coastal Conditions Assessment 2 4 2 10 4 24 46 $7,456 Task 2.3: Planning Inventory Update 2 24 2 12 4 32 76 $11,302 Task 2.4: Outreach Prior to Modeling 2 8 24 2 16 6 16 74 $12,120 Task 2.5: Model SLR Scenarios 2 8 2 16 4 40 72 $11,242 Task 2.6: Conduct Updated SLR Vulnerability Assessment 2 5 16 2 16 4 48 93 $14,259 Task 2.7: Study Approach Summary 1 2 2 8 4 16 33 $5,575 TASK 3 - COASTAL RESILIENCY PLAN UPDATE Task 3.1: Review Current Plan, Existing Studies, and Adaptation Policies 2 8 30 2 8 8 58 $8,820 Task 3.2: Conduct a Public Outreach Process Online Community Survey 2 24 26 $3,270 Web Content/Social Media 2 2 30 10 44 $5,990 Community Workshop and Pop-Up Activities (2) 6 40 12 30 2 16 4 16 126 $19,066 Task 3.3: Develop SLR-Related Options and Policies 2 6 24 2 12 4 32 82 $12,522 Task 3.4: Prepare Coastal Resiliency Plan 6 60 20 4 16 8 24 138 $19,718 Task 3.5: Establish a Monitoring Program 2 6 2 4 4 8 26 $4,390 TASK 4 - COASTAL ELEMENT UPDATE Task 4.1: Draft Coastal Element Update 1 4 40 40 85 $10,000 Task 4.2: Prioritize Implementation Elements for Implementation Program 4 20 24 $3,180 Task 4.3: Final Coastal Element Update 4 30 21 55 $6,585 Task 4.4: Planning Commission Recommendation and City Council Adoption 4 24 8 8 44 $6,348 TASK 5 - FLOODPLAIN ORDINANCE UPDATE Task 5.1: Draft Floodplain Ordinance Update 2 4 40 46 $6,020 Task 5.2: Public Outreach and Information Process 12 10 8 30 $4,038 Task 5.3: Final Floodplain Ordinance Update 2 16 18 $2,310 Task 5.4: Planning Commission Recommendation and City Council Adoption 2 6 24 5 5 42 $6,170 ^hdKd> ΨϮ3ϱ͕Ϭϭϭ KΎ Ψϰ͕ϵϴϵ dKd> ΨϮ4Ϭ͕ϬϬϬ CONTINGENCY FEE $40,000 Moffatt & Nichol Principal—Russell Boudreau Senior Coastal Scientist—Christopher Webb Coastal Scientist—Jake Thickman *Reimbursable budget—includes mileage, copies, products related to community outreach events (e.g. snacks for public at community workshops, large display boards, 25 Michael Baker Principal—Richard Beck Project Manager—Christopher Johnson Senior Planner—Tracey Raszewski (Assistant PM Support) Coastal Planners—Noelle Steele & Timothy Tidwell GIS Specialist—Ryan Phanuef Community Engagement Staff—Alicia Gonzalez & Anisha Malik, (Blended Rate) Graphic Designer—Faye Stroud Admin.—Diane O’Dell 5 Hutton Centre, Suite 500 | Santa Ana, CA 92707 Office: (949) 472-3505 | Fax: (949) 742-8373 EXHIBIT A 143 144 TASK MICHAEL BAKER MOFFATT & NICHOL STAFF HOURS TOTAL COST Principal Project Manager Senior Planner Coastal Planner Community Engagement GIS Specialist Graphic Designer Admin. Principal Project Manager Senior Coastal Scientist Coastal Scientist $220 $195 $162 $120 $135 $105 $156 $85 $266 $207 $222 $129 TASK 1 - PROJECT LAUNCH Task 1.1 & 1.3: Consultant Kick-off Meeting and Staff Coordination 4 4 8 2 2 2 22 $3,824 Task 1.4: Invoicing & Quarterly Reporting 2 4 16 8 30 $4,796 TASK 2 - SEA LEVEL RISE VULNERABILITY ASSESSMENT UPDATE Task 2.1: Background Data Collection Update 2 4 2 8 4 16 36 $6,010 Task 2.2: Coastal Conditions Assessment 2 4 2 10 4 24 46 $7,456 Task 2.3: Planning Inventory Update 2 24 2 12 4 32 76 $11,302 Task 2.4: Outreach Prior to Modeling 2 8 24 2 16 6 16 74 $12,120 Task 2.5: Model SLR Scenarios 2 8 2 16 4 40 72 $11,242 Task 2.6: Conduct Updated SLR Vulnerability Assessment 2 5 16 2 16 4 48 93 $14,259 Task 2.7: Study Approach Summary 1 2 2 8 4 16 33 $5,575 TASK 3 - COASTAL RESILIENCY PLAN UPDATE Task 3.1: Review Current Plan, Existing Studies, and Adaptation Policies 2 8 30 2 8 8 58 $8,820 Task 3.2: Conduct a Public Outreach Process Online Community Survey 2 24 26 $3,270 Web Content/Social Media 2 2 30 10 44 $5,990 Community Workshop and Pop-Up Activities (2) 6 40 12 30 2 16 4 16 126 $19,066 Task 3.3: Develop SLR-Related Options and Policies 2 6 24 2 12 4 32 82 $12,522 Task 3.4: Prepare Coastal Resiliency Plan 6 60 20 4 16 8 24 138 $19,718 Task 3.5: Establish a Monitoring Program 2 6 2 4 4 8 26 $4,390 TASK 4 - COASTAL ELEMENT UPDATE Task 4.1: Draft Coastal Element Update 1 4 40 40 85 $10,000 Task 4.2: Prioritize Implementation Elements for Implementation Program 4 20 24 $3,180 Task 4.3: Final Coastal Element Update 4 30 21 55 $6,585 Task 4.4: Planning Commission Recommendation and City Council Adoption 4 24 8 8 44 $6,348 TASK 5 - FLOODPLAIN ORDINANCE UPDATE Task 5.1: Draft Floodplain Ordinance Update 2 4 40 46 $6,020 Task 5.2: Public Outreach and Information Process 12 10 8 30 $4,038 Task 5.3: Final Floodplain Ordinance Update 2 16 18 $2,310 Task 5.4: Planning Commission Recommendation and City Council Adoption 2 6 24 5 5 42 $6,170 ^hdKd> ΨϮ3ϱ͕Ϭϭϭ KΎ Ψϰ͕ϵϴϵ dKd> ΨϮ4Ϭ͕ϬϬϬ CONTINGENCY FEE $40,000 Moffatt & Nichol Principal—Russell Boudreau Senior Coastal Scientist—Christopher Webb Coastal Scientist—Jake Thickman *Reimbursable budget—includes mileage, copies, products related to community outreach events (e.g. snacks for public at community workshops, large display boards, 25 Michael Baker Principal—Richard Beck Project Manager—Christopher Johnson Senior Planner—Tracey Raszewski (Assistant PM Support) Coastal Planners—Noelle Steele & Timothy Tidwell GIS Specialist—Ryan Phanuef Community Engagement Staff—Alicia Gonzalez & Anisha Malik, (Blended Rate) Graphic Designer—Faye Stroud Admin.—Diane O’Dell 5 Hutton Centre, Suite 500 | Santa Ana, CA 92707 Office: (949) 472-3505 | Fax: (949) 742-8373 EXHIBIT B 145 146 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance AGENCY ADDITIONAL REMARKS EFFECTIVE DATE: CARRIER NAIC CODE NAMED INSURED See Certificate Number: See Certificate Number: POLICY NUMBER AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: Aon Risk Services Central, Inc. 570000027699 570078094172 570078094172 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSURER INSURER INSURER INSURER INSURER(S) AFFORDING COVERAGE Page _ of _ NAIC # Michael Baker International, Inc TYPE OF INSURANCE POLICY NUMBER LIMITS WORKERS COMPENSATION C WC6078988694 08/30/2019 08/30/2020 CA N/A ADDL INSD INSR LTR SUBR WVD POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 147 148 CNA PARAMOUNT Primary and Noncontributory - Other Insurance Condition Endorsement CNA74987XX (1-15) Page 1 of 1 Policy No: 6078988730 Endorsement No: Continental Casualty Company Effective Date: 8/30/2019 Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled Other Insurance is amended to add the following: Primary And Noncontributory Insurance Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a.the additional insured is a named insured under such other insurance; and b.the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. 149 CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Completed Operations Endorsement CG 20 37 (04-13) Policy No: 6078988730 Page 1 of 1 Endorsement No: 1 Effective Date: 08/30/2019 Insured Name: MICHAEL BAKER INTERNATIONAL, LLC Copyright Insurance Services Office, Inc., 2012 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed as follows: A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products-completed operations hazard. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 150 City of Huntington Beach File #:20-1587 MEETING DATE:5/18/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Tom Herbel, PE, Acting Director of Public Works Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Sancon Technologies, Inc. in the amount of $839,073.00 for the Fiscal Year 19/20 Sewer Lining Project, CC-1599 Statement of Issue: On April 28, 2020, bids were publicly opened for the Fiscal Year 19/20 Sewer Lining project. City Council action is requested to award the construction contract to Sancon Technologies, Inc., the lowest responsive and responsible bidder. Financial Impact: Total construction cost for the project, including contingency and inspection is $943,000. Funds are available in the current fiscal year budget in the Sewer Fund account 51189002.82600. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Sancon Technologies, Inc. in the amount of $839,073; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, or provide staff with alternative action. Analysis: The Public Works Engineering and Utilities Division coordinate the rehabilitation of existing sewer pipes based on maintenance history and video inspection. The scope of work for the project includes lining approximately 25,945 linear feet of aged sewer main lines identified as a priority this year. The locations would benefit from lining as the existing pipes are either lined with calcium deposits from groundwater seepage through minor cracks and joints, or have joints offset by tree roots from adjacent mature trees located in parkways. These deposits and roots, which inhibit flow, will be City of Huntington Beach Printed on 5/13/2020Page 1 of 2 powered by Legistar™151 File #:20-1587 MEETING DATE:5/18/2020 adjacent mature trees located in parkways. These deposits and roots, which inhibit flow, will be removed prior to lining. Lining of the pipes is a trenchless operation performed by inserting a liner inside the existing pipe and curing the liner to form a replacement pipe. Bids were publicly opened on April 28, 2020, with the following results: BIDDER'S NAME BID AMOUNT (Amount Read at Bid Opening and Basis of Award) Sancon Technologies, Inc.$839,073 Insituform Technologies $923,665 Nuline Technologies, LLC $960,000 Southwest Pipeline & Trenchless Corp.$1,230,780 Sancon Technologies, Inc. provided acceptable sewer lining construction in Huntington Beach for the Fiscal Year 18/19 Sewer Lining project. Therefore, staff recommends awarding a contract to Sancon Technologies, Inc. in the amount of $839,073. The total project cost is estimated to be $943,000, which includes the construction contract, inspection, and construction contingency. Environmental Status: The project is categorically exempt pursuant to Class 1, section 15031c of the California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Vicinity Map City of Huntington Beach Printed on 5/13/2020Page 2 of 2 powered by Legistar™152 RD 447 RD 168 RD 273 RD 283 RD 272 RD 433 153 City of Huntington Beach File #:20-1591 MEETING DATE:5/18/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Tom Herbel, PE, Acting Director of Public Works Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Kana Pipeline Inc., in the amount of $2,271,700 for the Sunset Beach Water Main Project Various Locations, Anderson Street to Warner Avenue, CC -1435 Statement of Issue: On May 5, 2020, bids were publicly opened for the Sunset Beach Water Main Project Various Locations, Anderson Street to Warner Avenue, CC-1435. City Council action is requested to award the construction contract to Kana Pipeline Inc., the lowest responsive and responsible bidder. Financial Impact: The total estimated cost of the project, including contingency and supplemental expenses, is $2,750,000. Funds in the amount of $3,663,500 are available in Water Master Plan Fund account 50791006.82100. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Kana Pipeline Inc., in the amount of $2,271,700; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, and provide staff with alternative direction. Analysis: The project consists of the construction of approximately 2,350 linear feet of 6-inch and 12-inch diameter potable water pipelines in Sunset Beach between Anderson Street and Warner Avenue within eleven (11) streets and alleys. There is also one location in downtown Huntington Beach in the alley between 12th and 13th Streets. The project will also provide asphalt and concrete surface improvements in the alleys and streets where the water pipeline construction will occur. City of Huntington Beach Printed on 5/13/2020Page 1 of 2 powered by Legistar™154 File #:20-1591 MEETING DATE:5/18/2020 This is the third and final water main construction project located within Sunset Beach. The goal of all three projects was to replace deteriorating asbestos cement pipeline installed in the 1950s, and to provide better connectivity between the City’s water infrastructure in Sunset Beach and that located within Pacific Coast Highway and Huntington Harbour. The proposed project will improve connectivity, fire flow, water quality, and reliability of the water system in the area between Huntington Harbour and the Pacific Ocean. The bids were publicly opened on May 5, 2020. The verified bid amounts are listed below: Bidding Contractor Bid as Submitted Verified Bid Kana Pipeline, Inc.$2,271,700 $2,271,700 GRFCO, Inc.$2,355,221 $2,354,171 T.E. Roberts, Inc.$2,476,608 $2,430,468 Paulus Engineering, Inc.$2,489,280 $2,480,172 All Cities Engineering, Inc.$2,667,275 $2,963,145 Palp, Inc. DBA Excel Paving $2,668,183 $2,642,083 Caliba, Inc.$3,221,016 $2,854,476 Lonerock, Inc.$3,286,458 $3,286,458 Dominguez General Engineering, Inc.$4,306,740 $4,276,740 Staff has checked references for Kana Pipeline, Inc., the lowest bidder, and recommends award of a construction contract in the amount of $2,271,700. In addition, Kana Pipeline, Inc., has successfully completed projects of a similar nature for the City in the past. The total estimated construction cost is $2,750,000, which includes the construction contract, a ten percent (10%) contingency, and supplemental expenses, including contracted construction project inspection and materials testing. Environmental Status: The project is categorically exempt pursuant to Section 15301 of California Environmental Quality Act. The project has also been deemed exempt by the California Coastal Commission. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Location Map City of Huntington Beach Printed on 5/13/2020Page 2 of 2 powered by Legistar™155 156 City of Huntington Beach File #:20-1609 MEETING DATE:5/18/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Adopt Resolution No. 2020-33 directing the execution of a Notice of Cessation of Special Tax - Improvement Area B of the City of Huntington Beach Community Facilities District (CFD) No. 2002-1 (McDonnell Centre Business Park) Statement of Issue: The Boeing Realty Company (“Boeing”) is in the process of marketing portions of their property for redevelopment. In order to provide clear marketable title to facilitate the sale of property available for sale, Boeing has requested that the City Council adopt Resolution No. 2020-33 authorizing the execution of a Notice of Cessation of Special Tax pertaining to “Improvement Area B” of the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park). This action is necessary for Boeing to market portions of Improvement Area B and facilitate the subsequent sale of such property. Financial Impact: There are no fiscal impacts associated with the removal of the tax lien. No bonds or other obligations were issued or incurred with respect to Improvement Area B of the Community Facilities District No. 2002-1, and no special taxes were levied on it. Recommended Action: A) Adopt Resolution No. 2020-33, “A Resolution of the City Council of the City of Huntington Beach, Directing the Execution of a Notice of Cessation of Special Tax - Improvement Area B (APNs 195-111 -03,64) of the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park),” and approving other related documents and actions; and, B) Authorize the City Manager and City Clerk to execute Notice of Cessation and other related documents and actions. Alternative Action(s): Do not adopt Resolution No. 2020-33, and direct staff accordingly. City of Huntington Beach Printed on 5/13/2020Page 1 of 3 powered by Legistar™157 File #:20-1609 MEETING DATE:5/18/2020 Analysis: On April 1, 2002, the City Council, adopted Resolution No. 2002-26 establishing the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park) (the “District”), and designated two separate Improvement Areas, A and B, within the District. The District was formed in order to provide tax-exempt financing for public infrastructure improvements needed for the McDonnell/Boeing Development, and the Improvement Areas were established to coincide with the expected phases of development of the McDonnell/Boeing project. The District formation proceedings authorized the levy of special taxes on parcels in each of the two Improvement Areas, with the proceeds of the special taxes levied in an Improvement Area to be used to repay bonded indebtedness incurred for the respective Improvement Area. In addition, the special taxes levied were to pay directly for infrastructure improvements authorized to be funded for the Improvement Area, and to pay costs of administering the District and any bonds issued for the Improvement Area. Under the applicable provisions of the Government Code, the Improvement Areas are effectively separate and distinct from each other, and bonds or other obligations of one Improvement Area are payable solely from the proceeds of the special taxes levied in that Improvement Area. On June 27, 2002, the City issued $4.9 million principal amount of special tax bonds, for Improvement Area A of the District, the proceeds of which have been used to finance public infrastructure improvements as part of the McDonnell/Boeing Development that were authorized to be funded pursuant to the proceedings to form the District. The bonds are payable solely from special taxes levied on property in Improvement Area A of the District. To date, no bonds or other obligations have been issued or incurred with respect to Improvement Area B of the District, and no special taxes were levied on Improvement Area B. On April 1, 2019, upon request from Boeing, the City Council adopted Resolution No. 2019-18 removing Assessor’s Parcel Number (APN): 195-111- 56 (formerly 195-111-34), a portion of Improvement Area B from the District. Since the adoption of Resolution No. 2019-18, Boeing has closed escrow with the Sares Regis Group for APN 195-111-56, commonly referred to as Phases I & II (see Attachment 2). Boeing is currently marketing APNs: 195-111-03; -64, commonly referred to as Phase III (see Attachment 2) for future development,but will need clear marketable title in order to convey the property. Boeing has requested that the City take action to effectively remove the remaining portion of Improvement Area B from the District. The removal of Improvement Area B from the District will allow a prospective buyer to obtain financing. The removal of Improvement Area B (APNs: 195-111-03, 64) requires City Council adoption of Resolution No. 2020-33 in order to dissolve Improvement Area B and to release the special tax lien. The City Council, by adopting Resolution No. 2020-33, will determine that the District has not, and will not in the future, levy special taxes on property in Improvement Area B, effectively removing the property from the District. The Resolution directs the City Clerk to record a Notice of Cessation of Special Tax in the County Recorder’s Office, in a form required by the Government Code. Environmental Status: The effected District is existing and removing property from the District will not result in either a direct City of Huntington Beach Printed on 5/13/2020Page 2 of 3 powered by Legistar™158 File #:20-1609 MEETING DATE:5/18/2020 physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is therefore not a “project” per Section 15378 of the California Environmental Quality Act (CEQA) Guidelines. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Resolution No. 2020-33 2. Map: 195-111-56 City of Huntington Beach Printed on 5/13/2020Page 3 of 3 powered by Legistar™159 160 161 162 163 164 165 166 167 168 169 170 171 172 EŽƚĞƐ͗ ϭ͘ ŽƵŶĚĂƌŝĞƐĂƌĞĂƉƉƌŽdžŝŵĂƚĞ Ϯ͘ ZĞĚďŽƵŶĚĂƌLJŝƐƐƐĞƐƐŽƌWĂƌĐĞůůŽĐĂƟŽŶƐ ϯ͘ KƌĂŶŐĞďŽƵŶĚĂƌLJŝƐWŚĂƐĞ/ƐŝƚĞ ϰ͘ 'ƌĞĞŶďŽƵŶĚĂƌLJŝƐWŚĂƐĞ//ƐŝƚĞ ϱ͘ WƵƌƉůĞďŽƵŶĚĂƌLJŝƐWŚĂƐĞ///ƐŝƚĞ WE͗ϭϵϱ-ϭϭϭ-ϲϰ WŚĂƐĞ/ WŚĂƐĞ// WŚĂƐĞ/// WE͗ϭϵϱ-ϭϭϭ-Ϭϯ 173 City of Huntington Beach File #:20-1632 MEETING DATE:5/18/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Oliver Chi, City Manager Subject: Adopt Resolution No. 2020-34 to authorize and submit an application for Local Early Action Planning (LEAP) Grant Funds Statement of Issue: To apply for LEAP grant funds, the City of Huntington Beach must authorize the City Manager to apply for and submit an application to the California Department of Housing and Community Development (HCD), as evidenced by the recommended adoption of Resolution No. 2020-34. Financial Impact: The City is eligible to receive up to $500,000 in LEAP funds to cover eligible expenses. The City is not required to contribute matching funds. Recommended Action: Adopt Resolution No. 2020-34, “A Resolution of the City Council of the City of Huntington Beach to Authorize an Application for, and Receipt of, Local Government Planning Support Grant Program Funds.” Alternative Action(s): Deny Resolution No. 2020-34, and direct staff accordingly. Analysis: The LEAP grant provides non-competitive, one-time grant funds to jurisdictions for the preparation and adoption of planning documents that may accelerate housing production. Funds are made available through the Local Government Planning Support Grants Program and is administered by the California Department of Housing and Community Development (HCD). The City is eligible for a maximum award of $500,000. To receive these funds, the City must submit an application to HCD by July 1, 2020. Staff proposes to use LEAP funds to update the City’s Housing Element, which is an analysis of the community’s housing needs at all income levels and the strategies to address those needs. Jurisdictions must City of Huntington Beach Printed on 5/13/2020Page 1 of 2 powered by Legistar™174 File #:20-1632 MEETING DATE:5/18/2020 update their Housing Elements every 5 years, and the major tasks include a thorough evaluation of the current Housing Element for necessary revisions; an assessment of the City’s current housing needs, constraints, demographics, and market conditions; identifying resources that may aid development; and public outreach to obtain meaningful input from the community. This information will be used to update the next Housing Element and ensure compliance with all new State housing regulations. During this process, staff will also review and update its Land Use Element, as needed, to be consistent with land use changes that are necessitated by the updated Housing Element. Staff will also ensure that the Housing Element and Land Use Element Updates are prepared in accordance with CEQA requirements. Staff is currently seeking proposals from qualified consultants to perform these tasks, and the total cost is to be less than the maximum award amount of $500,000. Should City Council adopt Resolution No. 2020-34, staff will prepare and submit the LEAP grant application this month. Environmental Status: Not applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. Resolution No. 2020-34 City of Huntington Beach Printed on 5/13/2020Page 2 of 2 powered by Legistar™175 176 177 City of Huntington Beach File #:20-1534 MEETING DATE:5/18/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Tom Herbel, PE, Acting Director of Public Works Subject: Approve for Introduction Ordinance No. 4206 repealing Chapter 14.24 and amending Chapter 14.25 of the Huntington Beach Municipal Code (HBMC) regarding Stormwater and Urban Runoff Management Ordinance Statement of Issue: Repealing of Chapter 14.24 and revisions to Chapter 14.25 of the Huntington Beach Municipal Code is necessary to comply with current stormwater regulations established under the Municipal Separate Storm Sewer (MS4) permit (Order No. R8-2009-0030) as issued by the Santa Ana Regional Water Quality Control Board. Financial Impact: No funding is required for this action. Recommended Action: Approve for introduction Ordinance No. 4206,“An Ordinance of the City of Huntington Beach Repealing Chapter 14.24 and Amending Chapter 14.25 of the Huntington Beach Municipal Code Regarding Stormwater and Urban Runoff Management.” Alternative Action(s): Do not approve introduction of ordinance and direct staff as how to proceed differently. Analysis: Chapter 14.24 of the HBMC was adopted in 1970 to prohibit the discharge of industrial waste and other pollutants into the storm drain system and established a mechanism for the Director of Public Works Department to issue industrial waste discharge permits to industrial facilities for the discharge of industrial waste into the sanitary sewer system. This ordinance is no longer relevant as it does not comply with current storm water regulations and the authority to issue industrial waste permits is now under the purview of the Orange County Sanitation District. Chapter 14.25 was adopted in 1997 to supersede Chapter 14.24 and was adopted to comply with the then-current stormwater related City of Huntington Beach Printed on 5/13/2020Page 1 of 2 powered by Legistar™178 File #:20-1534 MEETING DATE:5/18/2020 supersede Chapter 14.24 and was adopted to comply with the then-current stormwater related regulations. Chapter 14.25 of the Huntington Beach Municipal Code (Code) was adopted in 1997 to comply with the MS4 permit as issued by the Santa Ana Regional Water Quality Control Board. The MS4 permit requires the City to demonstrate through ordinances the necessary legal authority to enforce prohibited discharges to the storm drain that would have a negative impact on the water quality and aesthetic value of downstream receiving water bodies such as the Santa River and the Pacific Ocean. The MS4 permit has been revised since the adoption of Chapter 14.25 and the proposed amendments will comply with the new restrictions and requirements included in the latest MS4 permit. The amendments to the ordinance include: ·Deletion of language that grants the City authority to issue storm water discharge permits. Orange County Sanitation District has the legal authority to issue these permits; ·Grants City staff the authority to define exempted discharges as “nuisance” thereby prohibiting the discharge to the storm drain system due to the nature of the discharge, volume of discharge, and or potential negative impact to downstream water bodies; ·Deletion of language that permits the City to wash down streets without a discharge permit.; ·Defines fugitive dust as prohibited discharge that could potentially have an adverse impact on adjacent properties and downstream water bodies. Environmental Status: Not Applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1.Ordinance No. 4206 2. Legislative Draft Ch. 14.24 3. Legislative Draft Ch. 14.25 City of Huntington Beach Printed on 5/13/2020Page 2 of 2 powered by Legistar™179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 LEGISLATIVE DRAFT HBMC 14.24 Chapter 14.24 WATER POLLUTION 14.24.010 Enforcement and Administration The County of Orange and all of its officers, employees and agents are authorized and empowered to enforce and administer the provisions of this chapter within the City of Huntington Beach, California. 14.24.020 Definitions As used in this chapter, unless the context otherwise requires: “Department” means any department of the City or the County of Orange. “Director” means the duly appointed administrator appointed by the Board of Supervisors of the County of Orange. “Industrial waste” means any and all liquid or solid waste substance not sewage from any producing, manufacturing or processing operation of whatever nature. It shall include sewage mixed with “industrial waste”; however, it shall not include domestic sewage from residences, business buildings and institutions containing only waste from water closets, wash water, baths and kitchens. “Pollution of underground or surface waters” means any condition resulting from the depositing or discharging of industrial waste which impairs or contributes to the impairment of the usefulness of waters for human or animal consumption or domestic, agricultural, industrial or recreational purposes, or any other useful purposes. “Public agency” means and includes the United States or any department or agency thereof, the state or any department or agency thereof, county, city, public corporation, municipal corporation or public district. “Public sewer” means the main line sewer, publicly owned or maintained, constructed in a street, highway, alley, place or right-of-way dedicated to public use. “Sewage” means any waste, liquid or otherwise, associated with human occupancy of buildings including sewage effluent and water contaminated with offal, filth and feculent matter. “Underground or surface water” means any surface or subterranean stream, watercourse, lake or other body of water, and shall include water wells and any underground or surface storage reservoir, whether natural or artificial. 14.24.030 Prohibited Deposits No person shall discharge or deposit or cause or suffer to be discharged or deposited from any source any industrial waste in a manner which will or may cause or result in the pollution of any underground or surface waters. 14.24.035 Storm Drain and Sewer Use No person, firm or corporation shall discharge or cause to be discharged any sewage, waters, vapors or industrial wastes that have any one of the following characteristics: A. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas; B. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction of the flow in sewers or other interference with the proper operation of the sewage or storm drain works; 197 C. Any industrial wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant; D. Any noxious or malodorous gas or substance capable of creating a public nuisance; E. Any liquid or vapor having a temperature higher than 85 degrees Fahrenheit unless properly treated for scale inhibition; F. Any industrial wastes which may contain more than 200 parts per million, by weight, of fat, oil or grease. 14.24.037 Swimming Pool Wastewater Disposal Swimming pool wastewater may be discharged to a storm drain or to a public sanitary house sewer by means of an approved temporary sanitary connection from the pool to the storm drain, building drain or house sewer. No person shall permit or allow swimming pool wastewater to be discharged into an open gutter or to flow across public property. 14.24.040 Industrial Waste Disposal—Permit Required No person shall discharge or deposit or cause or suffer to be deposited or discharged any industrial waste into or upon any area in the City, or into any underground or surface waters in the City where such industrial waste is or may be deposited upon or may be carried through or over any area of the City or County of Orange except in conformity with the provisions of this chapter, and unless he or she shall have first secured, in the manner hereinafter provided, a permit so to do from the director; provided, however, a permit shall not be required for the discharge of industrial waste into a public sewer with an ocean outfall. 14.24.050 Industrial Waste Disposal—Permit Application Applications for permits required hereunder shall be filed with the director upon printed forms to be prescribed and supplied by him or her. The director may require any additional information, including plans and specifications which he or she may deem necessary for the proper disposition of the application. 14.24.060 Industrial Waste Disposal—Permit—Decision Within 30 days after the receipt of all of the information requested of an applicant, the director shall either grant or deny the permit and shall immediately notify the applicant by first class mail of the action taken. 14.24.070 Industrial Waste Disposal—Permit Issuance The director shall issue a permit for industrial waste disposal if he or she determines that: A. The material to be discharged or deposited in the manner proposed will not cause or result in the pollution of any underground or surface waters, as herein prohibited; and B. Under existing circumstances and conditions it is reasonable and necessary to dispose of the waste in the manner proposed. 14.24.080 Industrial Waste Disposal—Limitations The director may incorporate in any permit issued pursuant to this chapter, such limitations or conditions as may be reasonably necessary to effectuate the purpose of this chapter and may from time to time, review the limitations or conditions which have been incorporated in any permit theretofore issued, giving consideration to changed conditions, and may, whenever in his or her judgment it is advisable or required in order to maintain the waters of the City and county free from pollution, alter, revise, modify, delete or add further limitations or conditions applicable to any permit theretofore issued. No such alteration, 198 revision, modification, deletion or addition of limitations or conditions shall be effective, however, until notice in writing thereof shall have been served upon the permittee in the manner provided by Section 14.24.150. 14.24.090 Industrial Waste Disposal—Acts Prohibited A permit issued under this chapter does not authorize any act or acts forbidden by any law, rule, regulation or order of any public agency or department and such fact shall be so stated on the face of all permits issued. 14.24.100 Industrial Waste Disposal—Permit Term A permit for the disposal of industrial waste shall be valid until suspended or revoked in the manner hereinafter provided. 14.24.110 Industrial Waste Disposal—Permit—Transfer The director may transfer a permit to the successor in interest of a permittee upon the filing by the successor in interest of a written application therefor, together with such evidence of transfer of title or interest as the director may require; provided, however, a permit shall not be transferable from one location to another. The director shall immediately notify by first class mail, the person requesting a transfer of a permit of the action taken. 14.24.120 Compliance Tests and Inspections For the purpose of securing compliance with this chapter, the director shall make periodic tests of samples of industrial waste obtained from the place or places of discharge or deposit, and such other tests deemed necessary for proper administration hereof. For the purpose of making such tests or inspections, the director or his or her duly authorized deputies or agents shall be permitted at all reasonable hours to enter any premises or place where industrial waste is being or is proposed to be discharged or deposited, or where there may be a violation of this chapter. 14.24.130 Cooperation by Other Departments In carrying out the duties imposed upon him or her, the director may request and receive the aid of any other city or county department. 14.24.140 Enforcement The director shall enforce this chapter and shall, upon his or her own initiative or may upon the complaint of any person, investigate any violation of this chapter, or of any permit issued hereunder. For this purpose, he or she shall have the powers of a peace officer. 14.24.150 Notice of Violation Whenever the director finds that any person is acting in violation of any provision of this chapter or of any permit issued hereunder, he or she shall serve upon the person causing or suffering such violation to be committed, including the permittee, if a permit has been issued, a notice of violation. The notice shall state the act or acts constituting the violation and shall direct notice as the director may deem reasonable. Unless otherwise expressly provided, any notice under this chapter required to be given by the Board of Supervisors or the director shall be in writing and may be served either in the manner provided in the Code of Civil Procedure for the service of process or by registered mail. When service is by registered mail, the notice shall be sent to the last address given to the director. 199 14.24.160 Continued Violation—Activity Cessation Whenever the director finds that the continued violation of any provision of this chapter or of the conditions of any permit issued hereunder is so aggravated that the prevention of pollution of underground or surface waters requires the immediate cessation of the activities causing the violation, he or she may so direct in a notice of violation. A person who has been so notified shall immediately cease all such activities and shall not resume them until the director determines that all of the violations charged in the notice have been corrected. 14.24.170 Permit Suspension The director may suspend a permit by giving notice thereof to the permittee: A. When a permittee fails to rectify a violation within the time specified in a notice thereof; or B. When a violation is so aggravated as to require cessation of activities as provided in the preceding section. A permit suspended by the director shall be reinstated by him or her when all of the violations charged in a notice thereof have been corrected. 14.24.180 Permit Revocation The Board of Supervisors may, after notice and hearing as hereinafter provided, revoke a permit on any one or more of the following grounds: A. Fraud or deceit in obtaining a permit; B. Failure of a permittee to correct a violation within the time prescribed in a notice of violation; C. Willful violation of any provisions of this chapter of a condition or limitation of a permit, or any lawful order of the director. 14.24.190 Permit—Revocation Proceedings Proceedings for the revocation of a permit may be initiated: A. By the director by serving upon the permittee a copy of and filing with the County Clerk, a written recommendation or revocation setting forth the grounds therefor and requesting a hearing thereon before the Board of Supervisors; B. By the Board of Supervisors, on its own motion or upon complaint of a third person, by serving or causing to be served upon the permittee and the director, a notice of intention to revoke, setting forth the grounds therefor and designating a time and place for hearing thereon. 14.24.200 Permit—Revocation Hearing A person who is dissatisfied with an action of the director may request a hearing before the Board of Supervisors. Except as specified in Section 14.24.160, the decision of the director shall be suspended pending the decision of the Board of Supervisors. 14.24.210 Hearing—Requests Any person who feels him or herself aggrieved by an action of the director: A. Denying an application for a permit or incorporating limitations or conditions in a permit; B. Denying an application for the transfer of a permit; C. Ordering the correction of a violation of any provision of this chapter, or of a condition or limitation of a permit issued hereunder; 200 D. Directing the cessation of operations pending the correction of a violation; or E. Suspending or refusing to reinstate a permit suspended by him or her, may, within 30 days after receipt of a notice of the action complained of, serve upon the director a copy of and file with the County Clerk a written request for a hearing before the Board of Supervisors. The request shall set forth in concise language the particular action or actions complained of and the reasons why the person or permittee feels him or herself aggrieved thereby. Failure to file a request for hearing within the time prescribed herein shall constitute a waiver of any objection to the action of the director and his or her action shall be final. 14.24.220 Hearing—Notice When a request for hearing is filed with the County Clerk, the Board of Supervisors shall set the matter for hearing and give notice of the time and place thereof to the person requesting the hearing, the director and any other person or public agency requesting the notice thereof. The hearing shall be held not more than 30 days after a written request therefor has been filed with the County Clerk and not less than 10 days after the issuance of the notice thereof. 14.24.230 Hearing—Appearances At the time and place set for hearing, the person requesting the hearing, the director and any interested person or public agency may appear and be heard either in person or by counsel. 14.24.240 Hearing—Decision The Board of Supervisors shall, within 30 days after conclusion of the hearing, render its decision. The Board of Supervisors may: A. Confirm the action of the director; B. Direct the director to issue a permit with or without such conditions or limitations as the board may deem appropriate; C. Vacate or modify the suspension of permit; D. Cancel a notice of violation or modify such notice in such particulars as the board may deem appropriate; E. Direct the director to transfer a permit; F. Revoke a permit on any of the grounds specified in Section 14.24.180. 201 1 19-8328/224495 LEGISLATIVE DRAFT HBMC 14.25 14.25.010 Purpose C. The City of Huntington Beach is participating as a “Co-permittee” under the NPDES Permit in the development and adoption of an ordinance to accomplish the requirements of the Clean Water Act. The City of Huntington Beach has adopted and amended this Chapter to comply with the Municipal Separate Storm Sewer System permit (“MS4 permit”) the California Water Quality Control Board- Santa Ana Region issued Orange County. The MS4 permit requires the City to demonstrate through ordinances the necessary legal authority to enforce prohibited discharges to the storm drain that would have a negative impact on the water quality and aesthetic value of the downstream receiving water bodies such as the Santa Ana River and the Pacific Ocean. 14.25.020 Definitions “Authorized inspector” shall mean the Director of Public Works, Planning Director, Fire Chief or Director of Building and Safety Community Development, and persons designated by and under his or her instruction and supervision, who are assigned to investigate compliance with, detect violations of, and/or take actions pursuant to this chapter. “Best management practices (BMPs)” shall mean schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or the stormwater drainage system. Best Management Practices also include, but are not limited to, treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Best Management Practices may include any type of pollution prevention and pollution control measure that can help achieve compliance with this Chapter. “Discharge eException” shall mean the group of activities not restricted or prohibited by this cChapter, including only: 1. Discharges composed entirely of stormwater; 2. Discharges subject to regulation under current EPA or Regional Water Quality Control Board issued NPDES permits, sState gGeneral pPermits, or other waivers, permits or approvals granted by an appropriate government agency; 3. Discharges from property for which best management practices set forth in the development project guidance are being implemented and followed; Emergency firefighting flows (i.e. flows necessary for the protection of life and property). Where reasonably feasible, however, and without interfering with health and safety, the use of BMP’s should be considered; 202 2 19-8328/224495 4. Discharges to the stormwater drainage system from potable water line flushing, fire fighting activities, landscape irrigation systems, diverted stream flows, rising groundwater, and de minimis groundwater infiltration to the stormwater drainage system (from leaks in joints or connections or cracks in water drainage pipes or conveyance systems); Diverted stream flows, flows from riparian habitats and wetlands, rising groundwater, and de minimis ground water infiltration to the stormwater drainage system (from leaks or joints or connections or cracks in water drainage pipes or conveyance systems); 5. Discharges from potable water sources, passive foundation drains, air conditioning condensation and other building roof runoff; agricultural irrigation water runoff; water from crawl space pumps, passive footing drains, lawn watering, noncommercial vehicle washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; Dechlorinated swimming pool discharges, dechlorinated to a concentration of 0.1 ppm or less, pH adjusted and reoxygenated if necessary, and volumetrically and velocity controlled to prevent causing hydrologic conditions of concern in receiving waters (cleaning wastewater and filter backlash discharges, however are prohibited); 6. Discharges of reclaimed water generated by a lawfully permitted water treatment facility; public street wash waters when related to cleaning and maintenance by, or on behalf of, the City of Huntington Beach; Discharges to the stormwater drainage system from passive foundation drains, air conditioning condensation, water from crawl space pumps, passive footing drains, non-commercial vehicle washing; 7. Discharges authorized pursuant to a permit issued under the authority of the State Water Control Board or other authorized agency. Discharges allowable under the domestic sewage exception; Discharges of waters not otherwise containing waste as defined in California Water Code Section 13050(d); 8. Discharges for which the discharger has reduced to the extent feasible the amount of pollutants in such discharge; and Discharge from portable water sources, including water line flushing, super-chlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water; Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less. pH adjusted if necessary, and volumetrically and velocity controlled to prevent causing hydrologic conditions of concern in receiving waters. pH must be no less than 6.5 and no greater than 8.6; 9. Discharges authorized pursuant to federal or state laws or regulations. In any action taken to enforce this chapter, the burden shall be on the person who is the subject of such action to establish that a discharge was within the scope of this discharge exception. Other types of discharges identified and recommended by the permittees and approved by the Santa Ana Regional Water Quality Control Board. In any action taken to enforce this Chapter, the burden shall be on the person who is the subject of such action to establish that a discharge was within the scope of this Discharge Exception. “Fugitive dust” shall mean very small particles suspended in the air, the source of which is primarily the earth’s soil but can include dust generated from cutting stone and concrete. 203 3 19-8328/224495 “Imminent Danger” shall mean, but is not limited to, exigent circumstances created by the dispersal of pollutants, which present a significant and immediate threat to the public safety or the environment. “Nuisance” shall mean any discharge permitted as a discharge exemption but identified by the Authorized Inspector as a nuisance and a threat to water quality, either due to the nature of the discharge, volume of the discharge, and/or potential negative impact to the receiving water body. “Pollutant” shall mean any liquid, solid or semi-solid substances, or combination thereof, including and not limited to: 1. Artificial materials (such as floatable plastics, wood products or metal shavings). Trash and debris, (such as, but not limited to, floating plastics, wood produces or metal shavings.) 2. Household waste (such as trash, paper, and plastics; cleaning chemicals; yard wastes; animal fecal materials; used oil and fluids from vehicles, lawn mowers and other common household equipment). Domestic sewage. 3. Sediment due to construction or landscaping activities or due to lack of effective erosion and sediment controls. 4.3. Metals and non-metals, including compounds of metals and non-metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic) with characteristics which cause an adverse effect on living organisms. 54. Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease). 65. Animal wastes and wash-water resulting from cleaning activities to areas affected by animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including, stables, show facilities, or polo fields). 76. Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor. 8.7. Waste materials and wastewater generated on construction sites and by construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for potable water line flushing). 98. Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon. 109. Materials which contain base/neutral or acid extractable organic compounds. 1110. Those pollutants defined in Section 1362(6) of the Federal Clean Water Act. 121. Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the City and state. 204 4 19-8328/224495 132. Washwater resulting from cleaning activities of outdoor surfaces such as patios, sidewalks, walkways, building exteriors, balconies, roofs windows and decks. the hosing or cleaning of gas stations, auto repair garages, and other types of automobile service stations. 143. Discharges resulting from the cleaning activities, repair, or maintenance of any type of equipment, machinery, or facility, including, but not limited to, motor vehicles, concrete mixing equipment, portable toilet servicing, etc. 1514. Washwater from mobile auto detailing and washing, steam and pressure cleaning, carpet cleaning, and other such mobile commercial and industrial activities. 1615. Water from cleaning of municipal, industrial, and commercial facilities, locations and area, including, but not limited to,sites, including parking lots, streets, sidewalks, driveways, patios, refuse enclosures, plazas, work yards and outdoor eating or drinking areas, etc. 1716. Runoff from material storage areas including, but not limited to, or uncovered receptacles that contain chemicals, fuels, grease, oil, or other hazardous materials, food waste, and trash/debris. 1817. Discharges of runoff from the washing of toxic materials from paved or unpaved areas. Non-stormwater discharges defined as Discharge Exception but identified by the Authorized Inspector as a nuisance due to the nature of the discharge, volume of the discharge, and/or potential negative impact to quality. 1918. Discharges of pool or fountain water containing chlorine, biocides, or other chemicals; pool filter backwash containing debris and chlorine. 2019. Food service establishments Restaurant or food processing facility wastes including, but not limited to, food waste, such as grease oil, washwater from floor mat, equipment and trash bin wash water, food waste, etc. enclosure cleaning activities, etc. 21. Fugitive dust. Any item pollutant which is duplicative of another shall not be construed to exclude either item, as the same item may be described more than one time. “Prohibited discharge” shall mean any discharge which contains any pollutant, from public or private property to: 1. The stormwater drainage system; 2. Any upstream flow, which is tributary to the stormwater drainage system; 3. Any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough; or 4. Any coastal harbor, bay, or the Pacific Ocean. The term “pProhibited discharge” shall not include discharges allowable under the dDischarge eException unless declared a nuisance by City staff. “Receiving waters” shall mean a “water of the United States” within the scope of the California Water Code, including but not limited to, natural streams, creeks, rivers, reservoirs, lakes, ponds, water in vernal pools, lagoons, estuaries, bays, the Pacific Ocean and ground water. 205 5 19-8328/224495 “State General Permit” shall mean either the State General Industrial Stormwater General Permit or the State General Construction General Permit and the terms and requirements of either or both. In the event the U.S. Environmental Protection Agency “EPA” revokes the in-lieu permitting authority of the State Water Resources Control Board, then the term “State General Permit” shall also refer to any EPA administered stormwater control program for industrial and construction activities. “Stormwater drainage system” shall mean street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the countywide stormwater runoff system and owned, operated, maintained or controlled by the City, the County of Orange, the Orange County Flood Control District or any co-permittee city, and used for the purpose of collecting, storing, transporting, or disposing of stormwater. 14.25.030 Prohibition on Illicit Connections and Prohibited Discharges A. No person shall: 1. Construct, maintain, operate and/or utilize any illicit connection. 2. Cause, allow or facilitate any prohibited discharge. 3. Act, cause, permit or suffer any agent, employee, or independent contractor, to construct, maintain, operate or utilize any illicit connection, or cause, allow or facilitate any prohibited discharge. B. The prohibition against illicit connections shall apply irrespective of whether the illicit connection was established prior to the date of enactment of this chapter; however, legal nonconforming connections shall not become illicit connections until the earlier of the following: No person shall cause, facilitate or contribute to a discharge into the stormwater drainage system, or into an area or in a manner that will result in a discharge into the stormwater drainage system: 1. For all structural improvements to property installed for the purpose of discharge to the stormwater conveyance system, the expiration of five years from the adoption of this chapter Any substance causing, or threatening to cause, a condition or pollution, contamination, or a nuisance, as that term is defined in Section 13050 of the California Water Code. 2. For all nonstructural improvements to property existing for the purpose of discharge to the stormwater conveyance system, the expiration of six months following delivery of a notice to the owner or occupant of the property, which states a legal nonconforming connection has been identified. The notice of a legal nonconforming connection shall state the date of expiration of use under this chapter. Any substance causing or contributing to an exceedance of any water quality standard for surface water or groundwater. C. A civil or administrative violation of Section 14.25.030 shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge. The prohibition against illicit connections shall apply irrespective of whether the illicit connection was established prior to the date of enactment of this Chapter; however, legal nonconforming connections shall not become illicit connections until the earlier of the following: 206 6 19-8328/224495 1. For all structural improvements to property installed for the purpose of discharge to the stormwater conveyance system, the expiration of five years from the adoption or amendment of this Chapter establishing the new standard. 2. For all nonstructural improvements to property existing for the purpose of discharge to the stormwater conveyance system, the expiration of six months following delivery of a notice to the owner or occupant of the property, which states a legal nonconforming connection has been identified. The notice of a legal nonconforming connection shall state the date of the expiration of use under this Chapter. D. A civil or administrative violation of Section 14.25.030 shall irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge. ED. If an a Authorized Iinspector reasonably determines that a discharge, which is otherwise within the dDischarge eException, may adversely affect the beneficial uses of receiving waters, then the Aauthorized Iinspector may give written notice to the owner of the property or facility that the dDischarge eException shall not apply to the subject discharge following expiration of the 30-day period commencing upon delivery of the notice. Upon expiration of the 30-day period, any such discharge shall constitute a violation of Section 14.25.030. FE. The owner or occupant of property on which a legal nonconforming connection exists may request an administrative hearing, pursuant to the procedures set forth in Section 14.25.060 for an extension of the period allowed for continued use of the connection. A reasonable extension of use may be authorized by the Director of Public Works or City Engineer, upon consideration of the following factors: 1. The potential adverse effects of the continued use of the connection upon the beneficial uses of receiving waters; 2. The economic investment of the discharger in the legal nonconforming connection; and 3. The financial effect upon the discharger of a termination of the legal nonconforming connection. 14.25.040 New Development and Significant Redevelopment A. All new development and significant redevelopment shall be undertaken in accordance with: 1. The DAMP, including but not limited to the development project guidance; and Orange County Technical Guidance Document; 2. Any conditions and requirements established by the Community Development Department and/or the Public Works Department, which are reasonably related to the reduction or elimination of pollutants in stormwater runoff from the project site.; and 3. Conformance with the Statewide Water Quality Control Plan for Ocean Waters of California to control trash, also known as the Trash Provisions. B. Prior to the issuance of a grading permit, building permit or nonresidential plumbing permit for any new development or significant redevelopment, the Community Development Department and/or Public Works Department shall review the project plans and impose terms, conditions and requirements on the project in accordance with this Section 14.25.040. If the new development or significant redevelopment will be approved without application for a grading permit, building permit or nonresidential plumbing permit, the Community Development Department and/or the Public 207 7 19-8328/224495 Works Department shall review the project plans and impose terms, conditions and requirements on the project in accordance with this Section 14.25.040 prior to the issuance of a discretionary land use approval or, at the City’s discretion, prior to recordation of a subdivision map. C. Notwithstanding the foregoing subsections, compliance with the development project guidance shall not be required for construction of a (one) single family detached residence unless the Community Development Department and/or Public Works Department determines that the construction may result in the discharge of significant levels of a pollutant into a tributary to the stormwater drainage system. D. Compliance with the conditions and requirements of the DAMP shall not exempt any person from the requirement to independently comply with each provision of this chapter. E. If the Community Development Department and/or Public Works Department determines that the project will have a de minimis impact on the quality of stormwater runoff, then it may issue a written waiver of the requirement for compliance with the provisions of the development project guidance. F. The owner of a new development or significant redevelopment project, or upon transfer of the property, its successors and assigns, shall implement and adhere to the terms, conditions and requirements imposed pursuant to this sSection on a new development or significant redevelopment project. Each failure by the owner of the property or its successors or assigns to implement and adhere to the terms, conditions and requirements imposed pursuant to this sSection on a new development or significant redevelopment project shall constitute a violation of this cChapter. G. The Community Development Department and/or Public Works Department may require that the terms, conditions and requirements imposed pursuant to this sSection be recorded with the County Recorder’s office by the property owner. The signature of the owner of the property or any successive owner shall be sufficient for the recording of these terms, conditions and requirements and a signature on behalf of the City shall not be required for recordation. H. Cost Recovery. The City shall be reimbursed by the project applicant for all costs and expenses incurred by the planning agency, Community Development Department and/or Public Works Department in the review of new development or significant development projects for compliance with the DAMP. The Community Development Department and/or Public Works Department may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the project applicant. I. Litter Control. 1. No person shall discard any waste material, including but not limited to common household rubbish or garbage of any kind (whether generated or accumulated at a residence, business or other location) upon any public or private property, whether occupied, open or vacant, including but not limited to any street, sidewalk, alley, right-of-way, open area or point of entry to the stormwater drainage system. 2. Every person occupying or having charge and control of property on which a prohibited disposal of waste materials occurs shall cause the proper collection and disposal of same. 3. A prohibited disposal of waste materials creates a danger to public health, safety and welfare, and otherwise threatens the environment, surface waters and groundwater; therefore, 208 8 19-8328/224495 any owner or occupant of property who fails to remove waste material within a reasonable time may be charged with creating a nuisance upon the property. 4. No person shall discard any waste material, including but not limited to common household rubbish or garbage of any kind (whether generated or accumulated at a residence, business or other location) upon any public property, whether occupied, open or vacant, including but not limited to any street, sidewalk, alley, right-of-way, open area or point of entry to the stormwater drainage system. 14.25.050 Scope of Inspections A. Right to Inspect. Prior to commencing any inspection, as hereinbelow authorized, the aAuthorized iInspector shall obtain either the consent of the owner or occupant of the property or shall obtain an administrative inspection warrant or criminal search warrant. B. Entry to Inspect. The Aauthorized Iinspector may enter property to investigate the source of any discharge to any public street, inlet, gutter, storm drain or the stormwater drainage system located within the jurisdiction of the City. C. Compliance Assessments. The Aauthorized Iinspector may inspect property or business activity for the purpose of verifying compliance with this cChapter, including but not limited to: 1. Conducting inspections as mandated by an NPDES permit and/or other State or Federally mandated inspections; 21. Identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property; 32. Identifying point(s) of discharge of all wastewater, process water systems and pollutants; 43. Investigating the natural slope at the location, including drainage patterns and man-made conveyance systems; 54. Establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system; 65. Locating any illicit connection or the source of prohibited discharge; 6. Evaluating compliance with any permit issued pursuant to Section 14.25.070 hereof; and 7. Investigating the condition of any legal nonconforming connection. D. Portable Equipment. For purposes of verifying compliance with this cChapter, the Aauthorized Iinspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment. E. Records Review. The Aauthorized Iinspector may inspect all records of the owner or occupant of property relating to chemicals or processes presently or previously occurring on-site, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, stormwater pollution prevention plans, monitoring program plans and any other record(s) relating to illicit connections, prohibited discharges, a legal nonconforming connection or any other source of contribution or potential contribution of pollutants to the stormwater drainage system. F. Sample and Test. The Aauthorized Iinspector may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the stormwater drainage system. The 209 9 19-8328/224495 Aauthorized Iinspector may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The Aauthorized Iinspector may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property. G. Monitoring. The Aauthorized Iinspector may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge or potential source of discharge to the stormwater drainage system. H. Test Results. The owner or occupant of property subject to inspection shall, on submission of a written request, receive copies of all monitoring and test results conducted by the Aauthorized Iinspector. I. Closed Circuit Television (CCTV) Footage. In the event of a sanitary sewer overflow, the Authorized Inspector can request the owner to conduct CCTV inspection of the sanitary sewer line and sewer laterals and provide CCTV footage within a reasonable time-frame. 14.25.060 Enforcement A. Administrative Remedies. 1. Notice and Service of Orders. Orders for Noncompliance, Administrative Compliance, Cease and Desist and Cost Recovery may be issued to and served upon the following procedure: a. The Notice shall be served and delivery shall be deemed complete upon the property owner pursuant to the following procedure: i. Personal service. ii. Seven (7) days after deposit in the U.S. mail, postage pre-paid for first class delivery. Where the recipient of notice is the owner of the property, the address for notice shall be the mailing address from the most recently issued equalized assessment roll for the property, or the address as it appears in the current records of the City. iii. Via electronic mail; or, iv. Where the owner or occupant of any property cannot be located after the reasonable efforts of the Authorized Inspector, notice shall be deemed delivered after posting on the property for a period of ten (10) business days. b. Notice may be served upon any of the following parties: i. The owner or occupant of any property requiring abatement of conditions on the property that cause or may cause a prohibited discharge or an illicit connection in violation of this Chapter. ii. The owner of property subject to terms, conditions or requirements imposed on a project in accordance with Section 14.25.040 to ensure adherence to those terms, conditions and requirements. 210 10 19-8328/224495 iii. A permittee subject to the requirements of any permit issued pursuant to Section 14.25.070 to ensure compliance with the terms, conditions and requirements of the permit. iv. Any person responsible for an illicit connection or prohibited discharge. c. The Notice shall state that the property owner has a right to appeal the matter by filing a written request for an administrative hearing with the Office of the City Clerk, within thirty (30) days of the date of the Notice. The appeal shall be accompanied by an administrative hearing fee as established by separate Resolution of the City Council. 21. Notice of Noncompliance. The Aauthorized Iinspector may deliver to the owner or occupant of any property, or to any person responsible for an illicit connection or prohibited discharge a nNotice of nNoncompliance. The nNotice of nNoncompliance shall: be delivered in accordance with this section. a. Identify The notice of noncompliance shall identify the provision(s) of this Cchapter or the applicable permit which has been violated. The nNotice of nNoncompliance shall state that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or person. b. The Nnotice of Nnoncompliance shall state a compliance date that must be met by the owner, occupant and/or person; provided, however, that the compliance date may not exceed ninety (90) days unless the Aauthorized Iinspector extends the compliance deadline an additional ninety (90) days where good cause exists for the extension. 32. Issuance and Terms of Administrative Compliance Orders. The Aauthorized Iinspector may issue an aAdministrative cCompliance oOrder. The aAdministrative cCompliance order may include the following terms and requirements: shall be delivered in accordance with this section. The administrative compliance order may be issued to: a.i. The owner or occupant of any property requiring abatement of conditions on the property that cause or may cause a prohibited discharge or an illicit connection in violation of this chapter Specific steps and time schedules for compliance as reasonably necessary to prevent the imminent threat of a prohibited discharge, including but not limited to a prohibited discharge from any pond, pit, well, surface impoundment, holding or storage area; b.ii. The owner of property subject to terms, conditions or requirements imposed on a project in accordance with Section 14.25.040 to ensure adherence to those terms, conditions and requirements Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection; c.iii. A permittee subject to the requirements of any permit issued pursuant to Section 14.25.070 to ensure compliance with the terms, conditions and requirements of the permit Specific requirements for containment, cleanup, removal, storage, installation of overhead covering, or proper disposal of any pollutant having the potential to contact stormwater runoff; 211 11 19-8328/224495 div. Any person responsible for an illicit connection or prohibited discharge Any other terms or requirements reasonably calculated to prevent the imminent threat of or continuing violations of this Chapter, including, but not limited to, requirements for compliance with the best management practices guidance documents promulgated by an Federal, State of California or regional agency; e. Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of any permit issued pursuant thereto. b. The administrative compliance order may include the following terms and requirements: i. Specific steps and time schedules for compliance as reasonably necessary to prevent the imminent threat of a prohibited discharge, including but not limited to a prohibited discharge from any pond, pit, well, surface impoundment, holding or storage area; ii. Specific steps and time schedules for compliance as reasonably necessary to discontinue any illicit connection; iii. Specific requirements for containment, cleanup, removal, storage, installation of overhead covering, or proper disposal of any pollutant having the potential to contact stormwater runoff; iv. Any other terms or requirements reasonably calculated to prevent the imminent threat of or continuing violations of this chapter, including, but not limited to requirements for compliance with best management practices guidance documents promulgated by any federal, State of California or regional agency; v. Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions and requirements of any permit issued pursuant hereto. 43. Issuance and Terms of Cease and Desist Orders. a. The Aauthorized Iinspector may issue a cCease and dDesist oOrder directing the noticed party . A cease and desist order shall be delivered in accordance with this section. A cease and desist order may direct the owner or occupant of any property and/or other person responsible for a violation of this Cchapter to: ai. Immediately discontinue any illicit connection or prohibited discharge to the stormwater drainage system; bii. Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter; Comply with the terms, conditions and requirements of, and immediately cease any activity in violation of any Discharge Permit issued pursuant to Section 14.25.070; ciii. Immediately discontinue any other violation of this chapter contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter; div. Clean up the area affected by the violation. Immediately discontinue any other violation of this Chapter; and/or 212 12 19-8328/224495 e. Clean up the area affected by the violation. 54 Issuance of Order for Recovery of Costs. The Aauthorized Iinspector may deliver to an Order for Recovery of Costs to the owner or occupant of any property, any permittee or any other person who becomes subject to a nNotice of nNoncompliance or aAdministrative Compliance oOrder, an invoice for costs. An Order for Recovery of Costs invoice for costs shall be delivered in accordance with this sSection. An Order for Recovery of Costs invoice for costs shall be immediately due and payable to the City for the actual costs incurred by the City in issuing and enforcing any notice or order. If any owner or occupant, permittee or any other person subject to an Order for Recovery of Costs invoice for costs fails to either pay the Order for Recovery of Costs invoice for costs or appeal successfully appeal the Order for Recovery of Costs invoice for costs in accordance with this sSection, then the City Attorney may institute collection proceedings. 5. Delivery of Notice. Any notice of noncompliance, administrative compliance order, cease and desist order or invoice of costs to be delivered pursuant to the requirements of this chapter shall be subject to the following: a. The notice shall state that the recipient has a right to appeal the matter as set forth in this section. b. Delivery shall be deemed complete upon (i) personal service to the recipient; (ii) deposit in the U.S. mail, postage pre-paid for first class delivery; or (iii) facsimile service with confirmation of receipt. c. Where the recipient of notice is the owner of the property, the address for notice shall be the address from the most recently issued equalized assessment roll for the property or as otherwise appears in the current records of the City. d. Where the owner or occupant of any property cannot be located after the reasonable efforts of the authorized inspector, a notice of noncompliance or cease and desist order shall be deemed delivered after posting on the property for a period of 10 business days. 6. Administrative Hearing for Notices of Noncompliance, Administrative Compliance Orders, Invoices for Costs and Adverse Determinations. Except as set forth in paragraph Subsection 8 below, of this subsection, any person receiving a Nnotice of Nnoncompliance, Aadministrative Ccompliance Oorder, Order for Recovery of Costs, a notice of legal nonconforming connection, an invoice for costs, or any person who is subject to any adverse determination made pursuant to this Cchapter, may appeal the matter by filing a written request for requesting an administrative hearing with the Office of the City Clerk within thirty (30) days of the Notice. The appeal request shall be accompanied by an administrative hearing fee as established by separate City Council resolution, with a copy of the request for administrative hearing mailed on the date of filing to the City Manager. Thereafter, a hearing on the matter shall be held before the hearing officer within forty-five (45) days of the date of filing of the written request unless, at the reasonableness discretion of the hearing officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted. Notwithstanding the foregoing, these administrative appeal procedures shall not apply to criminal proceedings initiated to enforce this chapter. 7. Request for Administrative Hearing. Any person appealing a notice of noncompliance, an administrative compliance order, a notice of legal nonconforming connection, an invoice for 213 13 19-8328/224495 costs or an adverse determination shall, within 30 days of receipt thereof, file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution, with the Office of the City Clerk, with a copy of the request for administrative hearing mailed on the date of filing to the City Manager. Thereafter, a hearing on the matter shall be held before the hearing officer within 45 business days of the date of filing of the written request unless, at the reasonable discretion of the hearing officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted. 78. Administrative Hearing for Cease and Desist Orders and Emergency Abatement Actions. A request for aAn administrative hearing shall not be required for the person subject to on the issuance of a Ccease and Ddesist Oorder or following an Eemergency Aabatement Aaction. An administrative hearing on the issuance of a Cease and Desist Order or following an Emergency Abatement Action shall be held within five (5) business days following the issuance of the oOrder or the Emergency action of aAbatement Action shall be held within five (5) business days following the issuance of the Order or the Emergency Abatement, unless the hearing (or the time requirement for the hearing) is waived in writing by the party subject to the cease and desist order or the emergency abatement. A request for an administrative hearing shall not be required from the person subject to the cease and desist order or the emergency abatement action. 89. Hearing Proceedings. The Aauthorized Iinspector shall appear in support of the Notice of Noncompliance, Compliance Order, Cease and Desist Order, Order for Recovery of Costs or Emergency Abatement Action, notice, order, determination, invoice for costs or emergency abatement action, and the appealing party shall appear in support of withdrawal of the same notice, order, determination, invoice for costs, or in opposition to the emergency abatement action. The City shall have the burden of supporting any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case. 910. Final Decision and Appeal. The final decision of the hearing officer shall be issued within ten (10) business days of the conclusion of the hearing and shall be delivered by first- class mail, postage prepaid, to the appealing party. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of Code of Civil Procedure Sections 1094.5 and 1094.6 and shall be commenced within ninety 90 days following issuance of the final decision. (The administrative hearing fee paid by a prevailing party in an appeal shall be refunded.) Notwithstanding this paragraph 10, the final decision of the hearing officer in any preceding determining the validity of a cease and desist order or following an emergency abatement action shall be mailed within five (5)business days following the conclusion of the hearing. 1011. City Abatement. In the event of an illegal discharge of pollutants to the storm drain system, the responsible party (property the owner of property, contractor, business owner, etc.) shall be responsible for the cleanup of affected areas including all downstream conveyance structures, affected public/private property, and receiving water bodies. However, the Authorized Inspector may assign responsibility of the cleanup/abatement to City staff or contract staff if the size, nature and complexity of the cleanup is beyond the capability of the responsible party. If in the event of an illegal discharge of pollutants, the operator of a facility, property owner a permittee or any other person fails to comply with any provision of a 214 14 19-8328/224495 cCompliance Order schedule issued to such owner, operator, permittee or person pursuant to this cChapter, the Aauthorized Iinspector may request the City Attorney to obtain an abatement warrant or other appropriate judicial authorization to enter the property, abate the condition and restore the area. Any costs incurred by the City in obtaining and carrying out an abatement warrant or other judicial authorization may be recovered pursuant to this sSection. B. Nuisance. Any condition in violation of the prohibitions of this cChapter, including, but not limited to, the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to Government Code Section 38771. At the request of the City Manager, the City Attorney may seek a court order to enjoin and/or abate the nuisance pursuant to the following procedure: 1. Court Order to Enjoin or Abate. At the request of the City Manager, the City Attorney may seek a court order to enjoin and/or abate the nuisance. 21. Notice to Owner and Occupant. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the Aauthorized Iinspector shall provide notice of the proposed injunction or abatement to the owner and occupant, if any, of the property where the nuisance or threatened nuisance is occurring. 32. Emergency Abatement. In the event the nuisance constitutes an iImminent dDanger to public safety or the environment, the Aauthorized Iinspector may enter the property from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance. To the extent reasonably practicable, informal notice shall be provided to the owner or occupant prior to abatement. If necessary to protect the public safety or the environment, abatement may proceed without prior notice to or consent from the owner or occupant thereof and without judicial warrant, provided that an administration hearing pursuant to this Section shall follow the abatement action. a. An imminent danger shall include, but is not limited to, exigent circumstances created by the dispersal of pollutants, where the same presents a significant and immediate threat to the public safety or the environment. b. Notwithstanding the authority of the City to conduct an emergency abatement action, an administrative hearing pursuant to this section shall follow the abatement action. 43. Reimbursement of Costs. All costs incurred by the City in responding to any nuisance, all administrative expenses and all other expenses recoverable under state law, shall be recoverable from the person(s) creating, causing, committing, permitting or maintaining the nuisance. 54. Nuisance Lien. All costs shall become a lien against the property from which the nuisance emanated and a personal obligation against the owner thereof in accordance with Government Code Sections 38773.1 and 38773.5. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by Government Code Section 38773.1. At the direction of the Aauthorized Iinspector, the City Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment 215 15 19-8328/224495 or by delivery to the County Assessor of a special assessment against the property in accord with the conditions and requirements of Government Code Section 38773.5. C. Criminal Sanctions. 1. Prosecutor. The City Attorney may act on the request of the Aauthorized Iinspector to pursue enforcement actions in accordance with the provisions of this cChapter. 2. Infractions. Notwithstanding Chapter 1.16 of this any penalty ordinance in the cCode, any person who may otherwise be charged with a misdemeanor under this cChapter may be charged, at the discretion of the City Attorney, with an infraction punishable by a fine of not more than one hundred dollars $100.00 for a first violation, two hundred dollars $200.00 for a second violation, and a fine not exceeding five hundred dollars $500.00 for each additional violation occurring within one year. 3. Misdemeanors. Any person who negligently or knowingly violates any provision of this cChapter, undertakes to conceal any violation of this chapter, continues any violation of this cChapter after notice thereof, or violates the terms, conditions and requirements of any permit issued pursuant to this cChapter, shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars $1,000.00 or by imprisonment for a period of not more than six (6) months, or both. D. Administrative Citations. 1. Violations of this Chapter are subject to issuance of administrative citations under the provisions of Chapter 1.18 of this Code. DE. Consecutive Violations. Each instance day in which a business, property owner, or other persons fails to comply with the correction date(s) and time(s) established in a Notice of Noncompliance, an Administrative Citation, violation occurs and each separate failure to comply with either a separate provision of this chapter an aAdministrative cCompliance oOrder, or a cCease and dDesist order or a permit issued pursuant to this chapter, shall constitute a separate violation of this cChapter punishable by fines or sentences issued in accordance herewith. EF. Nonexclusive Remedies. Each and every remedy available for the enforcement of this cChapter, shall be nonexclusive and it is within the discretion of the Aauthorized Iinspector or City Attorney to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this cChapter. FG. Citations. Pursuant to Penal Code Section 836.5, the Aauthorized Iinspector shall have the authority to cause the arrest of any person committing a violation of this cChapter. The person shall be released and issued a citation to appear before a magistrate in accordance with Penal Code Sections 853.5, 853.6 and 853.9, unless the person demands to be taken before a magistrate. Following issuance of any citation the Aauthorized Iinspector shall refer the matter to the City Attorney. Each citation to appear shall state the name and address of the violator, the provisions of this cChapter violated, and the time and place of appearance before the court, which shall be at least ten (10) business days after the date of violation. The person cited shall sign the citation giving his or her written promise to appear as stated therein. If the person cited fails to appear, the City Attorney may request issuance of a warrant for the arrest of the person cited. GH. Violations of Other Laws. Any person acting in violation of this cChapter also may be acting in violation of the Federal Clean Water Act or the State Porter-Cologne Act and other laws 216 16 19-8328/224495 and also may be subject to sanctions including civil liability. Accordingly, the City Attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act Section 505(a), seeking penalties, damages, and orders compelling compliance and other appropriate relief. The City Attorney may notify EPA Region IX, the Santa Ana or San Diego Regional Water Quality Control Boards, or any other appropriate state or local agency, of any alleged violation of this cChapter. HI. Injunctions. At the request of the Aauthorized Iinspector, the City Attorney may cause the filing in a court of competent jurisdiction of a civil action seeking an injunction against any threatened or continuing noncompliance with the provisions of this chapter. IJ. Order for Reimbursement. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City of all costs incurred in enforcing this cChapter, including costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the City, costs relating to restoration of the environment and all other expenses as authorized by law. JK. Other Civil Damages Remedies. The Authorized Inspector may request the City Attorney file: 1. The authorized inspector may cause the City Attorney to file aAn action for civil damages in a court of competent jurisdiction seeking recovery of (a) all costs incurred in enforcement of this cChapter, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses as authorized by law, and consequential damages; (b) all costs incurred in mitigating harm to the environment or reducing the threat to human health, and (c) damages for irreparable harm to the environment. 2. The City Attorney is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public land or to the stormwater drainage system from any violation of this cChapter where the same has caused damage, contamination or harm to the environment, public property or the stormwater drainage system. 3. The remedies available to the City pursuant to the provisions of this cChapter shall not limit the right of the City to seek any other remedy that may be available by law. 14.25.070 Discharge Permit Procedure Interagency Cooperation A. Permit. On application of the owner of property or the operator of any facility, which property or facility is not otherwise subject to the requirements of a state general permit or a National Pollution Discharge Elimination System Permit regulating stormwater discharges, the Director of Public Works may issue a permit authorizing the release of non-stormwater discharges to the stormwater drainage system if: 1. The discharge of material or constituents is reasonably necessary for the conduct of otherwise legal activities on the property; and 2. The discharge will not cause a nuisance, impair the beneficial uses of receiving waters, or cause any reduction in established water quality standards. B. Application. The applicant shall provide all information requested by the Director of Public Works for review and consideration of the application, including but not limited to specific detail as to the activities to be conducted on the property, plans and specifications for facilities located on the property, identification of equipment or processes to be used on-site and other information as may 217 17 19-8328/224495 be requested in order to determine the constituents, and quantities thereof, which may be discharged if permission is granted. C. Permit Issuance. The permit shall be granted or denied by the Director of Public Works, or his or her designated representative, no later than 60 business days following the completion and acceptance of the application as determined by the Director of Public Works. The applicant shall be notified in person or by first-class mail, postage prepaid, of the action taken. D. Permit Conditions. The permit may include terms, conditions and requirements to ensure compliance with the objectives of this chapter and as necessary to protect the receiving waters, including but not limited to: 1. Identification of the discharge location on the property and the location at which the discharge will enter the stormwater drainage system; 2. Identification of the constituents and quantities thereof to be discharged into the stormwater drainage system; 3. Specification of pollution prevention techniques and structural or nonstructural control requirements as reasonably necessary to prevent the occurrence of potential discharges in violation of this chapter; 4. Requirements for self-monitoring of any discharge; 5. Requirements for submission of documents or data, such as technical reports, production data, discharge reports, self-monitoring reports and waste manifests; and 6. Other terms and conditions appropriate to ensure compliance with the provisions of this chapter and the protection of receiving waters, including requirements for compliance with best management practices guidance documents approved by any federal, State of California or regional agency. E. General Permit. At the discretion of the Director of Public Works, the permit may, in accordance with the conditions identified in this section, be prepared as a general permit applicable to a specific category of activities. If a general permit is issued, any person intending to discharge within the scope of the authorization provided by the general permit may do so by filing an application to discharge with the Director of Public Works. No discharge within the scope of the general permit shall occur until such application is so filed. Notwithstanding the foregoing in this subsection, the Director of Public Works, at his or her discretion, may eliminate the requirement that an application for a general permit be filed for any specific activity for which a general permit has been issued. F. Permit Fees. The permission to discharge shall be conditioned upon the applicant’s payment of the City’s costs, in accordance with a fee schedule adopted by separate resolution, as follows: 1. For individually issued permits, the costs of reviewing the permit application, preparing and issuing the permit, and the costs reasonably related to administrating this permit program. 2. For general permits, the costs of reviewing the permit application, that portion of the costs of preparing the general permit which is reasonably attributable to the permittee’s application for the general permit, and the costs reasonably related to administering the general permit program. 218 18 19-8328/224495 A. The City intends to cooperate with other agencies with jurisdiction over stormwater discharges to ensure that the regulatory purposes underlying stormwater regulations promulgated pursuant to the Clean Water Act (33 USC Section 1251 et seq.) are met. B. The City may, to the extent authorized by law, elect to contract for the services of any public agency or private enterprise to carry out the planning approvals, inspections, permits and enforcement authorized by this Chapter. 14.25.080 Permit Suspension, Revocation or Modification Miscellaneous A. The Director of Public Works may suspend or revoke any permit when it is determined that: 1. The permittee has violated any term, condition or requirement of the permit or any applicable provision of this chapter; or 2. The permittee’s discharge or the circumstances under which the discharge occurs have changed so that it is no longer appropriate to except the discharge from the prohibitions on prohibited discharge contained within this chapter; or 3. The permittee fails to comply with any schedule for compliance issued pursuant to this chapter; or 4. Any regulatory agency, including EPA or a Regional Water Quality Control Board having jurisdiction over the discharge, notifies the City that the discharge should be terminated. B. The Director of Public Works may modify any permit when it is determined that: 1. Federal or state law requirements have changed in a manner that necessitates a change in the permit; or 2. The permittee’s discharge or the circumstances under which the discharge occurs have changed so that it is appropriate to modify the permit’s terms, conditions or requirements; or 3. A change to the permit is necessary to ensure compliance with the objectives of this chapter or to protect the quality of receiving waters. The permittee, or, in the case of a general permit, each person who has filed an application pursuant to Section 14.25.070, shall be informed of any change in the permit terms and conditions at least 45 business days prior to the effective date of the modified permit. C. The determination that a permit shall be denied, suspended, revoked or modified may be appealed by a permittee pursuant to the same procedures applicable to appeal of an administrative compliance order hereunder. In the absence of a judicial order to the contrary, the permittee may continue to discharge pending issuance of the final administrative decision by the hearing officer. D. Permit Enforcement. 1. Penalties. Any violation of the terms, conditions and requirements of any permit issued by the Director of Public Works shall constitute a violation of this chapter and subject the violator to the administrative, civil and criminal remedies available under this chapter. 2. Compliance with the terms, conditions and requirements of a permit issued pursuant to this chapter shall not relieve the permittee from compliance with all federal, state and local laws, regulations and permit requirements applicable to the activity for which the permit is issued. 219 19 19-8328/224495 a. Limited Permittee Rights. Permits issued under this chapter are for the person or entity identified therein as the “permittee” only, and authorize the specific operation at the specific location identified in the permit. The issuance of a permit does not vest the permittee with a continuing right to discharge. b. Transfer of Permits. No permit issued to any person may be transferred to allow: i. A discharge to the stormwater drainage system at a location other than the location stated in the original permit; or ii. A discharge by a person other than the person named in the permit, provided, however, that the City may approve a transfer if written approval is obtained, in advance, from the Director of Public Works. A. Compliance Disclaimer. Full compliance by any person or entity with the provisions of this Chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements, which may be required for the control of the discharge of pollutants into stormwater and/or the protection of stormwater quality. B. Severability. If any provision of this Chapter or the application of the ordinance to any circumstance is held invalid, the remainder of the ordinance or the application of the ordinance to other persons or circumstances shall not be affected. 14.25.090 Interagency Cooperation Judicial Review A. The City intends to cooperate with other agencies with jurisdiction over stormwater discharges to ensure that the regulatory purposes underlying stormwater regulations promulgated pursuant to the Clean Water Act (33 USC Section 1251 et seq.) are met. B. The City may, to the extent authorized by law, elect to contract for the services of any public agency or private enterprise to carry out the planning approvals, inspections, permits and enforcement authorized by this chapter. The provisions of Sections 1094 and 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any act taken pursuant to this Chapter. Parties seeking judicial review of any action taken pursuant to this chapter shall file such action within ninety (90) days of the occurrence of the event for which review is sought. 14.25.100 Miscellaneous A. Compliance Disclaimer. Full compliance by any person or entity with the provisions of this cChapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements, which may be required for the control of the discharge of pollutants into stormwater and/or the protection of stormwater quality. B. Severability. If any provision of this chapter or the application of the ordinance to any circumstance is held invalid, the remainder of the ordinance or the application of the ordinance to other persons or circumstances shall not be affected. C. Repeal of Prior Ordinance. The enactment of this chapter by the City shall repeal the provisions of County Ordinance No. 703, enacted for the permitting of discharges of industrial waste to ground or surface waters and no new discharge permits shall be issued thereunder; provided, however, that connection to discharge under the terms and conditions of any individual 220 20 19-8328/224495 discharge permit issued prior to the date of enactment of the water quality ordinance shall be allowed hereunder as a legal nonconforming connection. 14.25.110 Judicial Review The provisions of Sections 1094 and 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any act taken pursuant to this chapter. Parties seeking judicial review of any action taken pursuant to this chapter shall file such action within ninety (90) days of the occurrence of the event for which review is sought. 221 City of Huntington Beach File #:20-1642 MEETING DATE:5/18/2020 Submitted by Councilmembers Posey and Brenden - Direct staff to research Outdoor Dining Program for COVID-19 restaurant relief Take out service for food and beverage is already allowed. Patrons should have, and for all practical purposes already have, dining access within public and private spaces. This proposed voluntary program allows more options for restaurants and patrons alike. Adoption of the program would boost restaurant sales as well as boost a return to socialization. Based on this assessment of the situation, we are requesting that the City Council vote to direct staff to develop a program that would temporarily allow conversion of adjacent public and private spaces into outdoor dining areas to allow restaurants greater dining capacity, given COVID-19 social distancing requirements. City of Huntington Beach Printed on 5/13/2020Page 1 of 1 powered by Legistar™222 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: MIKE POSEY, CITY COUNCIL MEMBER PATRICK BRENDEN, CITY COUNCIL MEMBER DATE: MAY 18, 2020 SUBJECT: DIRECT STAFF TO RESEARCH EXPANDED OUTDOOR DINING PROGRAM FOR COVID-19 RESTAURANT RELIEF BACKGROUND The COVID-19 pandemic has drastically altered our business landscape, and many restaurants and storefronts face steep obstacles as we look to reopen the economy. Those businesses able to re-open will need to impose strict social distancing and safety measures for their workforce and customers. In particular, restaurants, cafés, and bars will be grappling with significantly-reduced dining capacity, with customers being required to abide by social distancing requirements. Given the need for restaurants to reduce service capacity to facilitate social distancing, I am requesting that the City Council consider directing staff to develop a program where restaurants adjacent to public property would be allowed to temporarily use the City’s public spaces to place additional tables for outdoor dining. Additionally, restaurants not adjacent to public property would be allowed to temporarily use adjacent private property, if the arrangement could be worked out with the private property owner. If this new protocol is approved, it could help increase capacity and reduce the burden that will be placed on food and beverage establishments, and the added seating capacity could make the difference between a business being able to stay afloat and having to close its doors. Vilnius, Lithuania, has created a similar program for outdoor diners, and it was met with great acclaim. The idea is gaining popularity all across the country as well. In addition, outside of helping specific restaurant businesses, this plan to open up the use of the City’s public spaces for additional outdoor dining would bring people back to the City’s streets faster, increasing traffic for nearby retail and service-based businesses. As part of this direction to staff, additional parameters that should be considered during the assessment include: Assess the feasibility of creating a sliding scale of available exterior space that would be made available for participating businesses, the amount of which would decline commensurate with each reopening stage as additional interior space utilization becomes allowed. In that manner, the outdoor seating capacity would provide the necessary seating offset for the restaurant to operate, where space is available, at 100% capacity. As indoor capacity increases, outdoor capacity could decrease so that the total permitted capacity cannot exceed 100%. 223 Outdoor Dining / COVID-19 Response Huntington Beach City Council Meeting May 18, 2020 Page 2 of 2 There shall be no fees incurred by any restaurant participating in this voluntary and temporary program. Assess the amount of sales tax revenue that could be earned from the program to determine if any parking revenue loss would be offset, in the event public parking spaces are utilized for this effort. RECOMMENDED ACTION Take out service for food and beverage is already allowed. Patrons should have, and for all practical purposes already have, dining access within public and private spaces. This proposed voluntary program allows more options for restaurants and patrons alike. Adoption of the program would boost restaurant sales as well as boost a return to socialization. Based on this assessment of the situation, we are requesting that the City Council vote to direct staff to develop a program that would temporarily allow conversion of adjacent public and private spaces into outdoor dining areas to allow restaurants greater dining capacity, given COVID-19 social distancing requirements. 224 From:Fikes, Cathy To:Agenda Alerts Subject:FW: COVID-19 reopen suggestion Date:Friday, May 15, 2020 3:36:02 PM From: Leigh Ann Gilmore <lagilmore@msn.com> Sent: Friday, May 15, 2020 3:34 PM To: CITY COUNCIL <city.council@surfcity-hb.org> Cc: Fikes, Cathy <CFikes@surfcity-hb.org> Subject: COVID-19 reopen suggestion Hello: I’m an Ambassador for HBCOC. Earlier this week I heard (on our monthly Zoom HBCOC Ambassador meeting) that there was some thought and consideration to allow restaurants to utilize their parking lots for outdoor dining. That is a very welcome idea. While thinking about this, it occurred to me that maybe there’s room for consideration of another service that’s greatly missed: personal care. Next to dining at your favorite restaurant, people are whining and complaining, but mostly wishing, to feel and look better. Would it be possible to present this as an agenda item to Council and see if it’s viable? Obviously not every service would meet OC Health Department or CA Cosmetology Board requirements in an outside environment although, just to get a haircut/hairstyle, maybe(?) a massage (fully clothed), a manicure, etc would make a lot of residents happy and hopeful. We have a large number of small business owners in this industry in HB and I imagine they would be extremely grateful also. This brings me to another thought: with restaurants (and possibly personal care) going on in parking lots, it may be judicious to require business owners to provide a security officer to ensure the safety of the patrons while in the parking lot, guide traffic flow, and any happenings as HBPD is overextended. I know the City has an existing contract with a security company however, I have a personal, longtime, high school friend that owns and runs his own security service company and he could provide participating merchants an excellent, affordable rate. He is LAPD (Ret) and many of his employees are current or retired law enforcement officers. He has a large Hollywood clientele, private party/small business clients, and facilitates large events including Comic-Con in San Diego and the Auto Show in Los Angeles. My point in all this is he knows how to handle people in small or large crowds. I hope City Council will, please, consider any and all of the suggestions to benefit your constituents and our great City. Thank you. Best regards, Leigh Ann Gilmore Employee Benefits Division l Broker Division Specialistt 714.336.7570 | f 775.806.2896 e LeighAnnGilmore@LegalShieldAssociate.com w www.LeighAnnGilmore.com 225 Specializing in Legal & Identity Theft Voluntary Benefits 226 805-962-4300 | lparton@djmcapital.com 922 Laguna Street, Santa Barbara, CA 93101 djmcapital.com City Council Members City of Huntington Beach Dear Members, I am writing on behalf of the ownership and management for Pacific City and Bella Terra in Huntington Beach. We urge the counsel to vote “yes” on relaxing the outdoor dining regulations in the City of Huntington Beach, and specifically, to allow for Temporary Use Permits for select restaurants at Pacific City and Bella Terra in order for them to expand their outdoor seating to dining patios into the common areas. Additionally, we encourage the council to vote “yes” to waive any fees that would be associated with granting these TUP’s. As you are aware, the Coronavirus and resulting state mandates have greatly impacted the restaurants at Pacific City and Bella Terra by limiting them to either takeout or delivery. As the city begins to roll out the initial phase of its re-opening plan, we feel this would be a wonderful opportunity for our restaurants to increase their sales volume while still providing safe eating areas and operating within re-opening guidelines. Our property management staff, including security and maintenance crews, are taking every precaution to ensure Pacific City and Bella Terra are a safe and welcoming place for guests to visit as the city begins to reopen. They are prepared to enforce the city’s guidelines and comply with the health and safety regulations that will be implemented should this vote pass. Additionally, our team will be able to track and analyze foot traffic and sales, which will not only benefit our tenants, but the City of Huntington Beach in their future planning efforts as this pandemic situation develops. Thank you for your consideration. I am available to speak should you have questions. Kind Regards, Lindsay Parton President DJM Capital Partners, Inc. 227 City of Huntington Beach File #:20-1643 MEETING DATE:5/18/2020 Submitted by Councilmember Peterson - Reopening Huntington Beach A) Create a list of businesses essential to Huntington Beach and discuss the policies needed to get our City open; and, B) Discuss local enforcement of the State orders. City of Huntington Beach Printed on 5/13/2020Page 1 of 1 powered by Legistar™228 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING – COUNCIL MEMBER ITEMS REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: ERIK PETERSON, CITY COUNCIL MEMBER DATE: MAY 18, 2020 SUBJECT: REOPENING HUNTINGTON BEACH STATEMENT OF ISSUE Since the start of the declared COVID-19 pandemic, the Federal and State government have arbitrarily chosen businesses and categories of business deemed “essential” that were therefore allowed to remain open, while “non-essential” businesses were required to close. In part, California uses Federal guidelines to determine what constitutes an essential businesses. However, the Federal guidelines are vague and ambiguous and create confusion. For example, grocery stores, big box retail (like Costco and Target), automotive stores, and bicycle shops are allowed to remain open, while retail clothing stores are required to be closed. We continue to see long lines at these stores where very large groups of people are in very close proximity to one another. If the goal is to stop the spread of COVID-19 through person-to-person contact, why is Target allowed to be open, while Nordstrom clothing is required to be closed? There does not appear to be any rational definition of essential business and / or categories of businesses that are considered essential. I believe that all businesses, large and small, are essential to Huntington Beach, California, and the US and worldwide economy. It is time for the unconstitutional Federal and State policies that have destroyed business to be reversed. In addition, the Governor has enacted a “stay at home” order that severely restricts how people can move about in the State, where people can go, and who people can interact with (only family members.) Like closing businesses, the rationale behind the “stay at home” order was to reduce person-to-person contact which spreads COVID-19. However, this “stay at home” order is a violation of the US and State Constitution, and importantly, also a violation of the First Amendment! I feel our City Council should discuss what is essential to our community and set clear policies moving forward as to what can be opened and what can be closed (including beaches) in accordance with the Constitution. RECOMMENDED ACTION 1. Create a list of businesses essential to Huntington Beach and discuss the policies needed to get our City open. 2. Discuss local enforcement of the State orders. 229 From:Fikes, Cathy To:Agenda Alerts Subject:FW: COVID-19 reopen suggestion Date:Friday, May 15, 2020 3:36:02 PM From: Leigh Ann Gilmore <lagilmore@msn.com> Sent: Friday, May 15, 2020 3:34 PM To: CITY COUNCIL <city.council@surfcity-hb.org> Cc: Fikes, Cathy <CFikes@surfcity-hb.org> Subject: COVID-19 reopen suggestion Hello: I’m an Ambassador for HBCOC. Earlier this week I heard (on our monthly Zoom HBCOC Ambassador meeting) that there was some thought and consideration to allow restaurants to utilize their parking lots for outdoor dining. That is a very welcome idea. While thinking about this, it occurred to me that maybe there’s room for consideration of another service that’s greatly missed: personal care. Next to dining at your favorite restaurant, people are whining and complaining, but mostly wishing, to feel and look better. Would it be possible to present this as an agenda item to Council and see if it’s viable? Obviously not every service would meet OC Health Department or CA Cosmetology Board requirements in an outside environment although, just to get a haircut/hairstyle, maybe(?) a massage (fully clothed), a manicure, etc would make a lot of residents happy and hopeful. We have a large number of small business owners in this industry in HB and I imagine they would be extremely grateful also. This brings me to another thought: with restaurants (and possibly personal care) going on in parking lots, it may be judicious to require business owners to provide a security officer to ensure the safety of the patrons while in the parking lot, guide traffic flow, and any happenings as HBPD is overextended. I know the City has an existing contract with a security company however, I have a personal, longtime, high school friend that owns and runs his own security service company and he could provide participating merchants an excellent, affordable rate. He is LAPD (Ret) and many of his employees are current or retired law enforcement officers. He has a large Hollywood clientele, private party/small business clients, and facilitates large events including Comic-Con in San Diego and the Auto Show in Los Angeles. My point in all this is he knows how to handle people in small or large crowds. I hope City Council will, please, consider any and all of the suggestions to benefit your constituents and our great City. Thank you. Best regards, Leigh Ann Gilmore Employee Benefits Division l Broker Division Specialistt 714.336.7570 | f 775.806.2896 e LeighAnnGilmore@LegalShieldAssociate.com w www.LeighAnnGilmore.com 230 Specializing in Legal & Identity Theft Voluntary Benefits 231 From:MEL SEAGLE To:supplementalcomm@surfcity-hb.org Subject:Public Safety Date:Thursday, May 7, 2020 4:25:43 PM To whom it may concern, When our community reopens our restaurants, even take out restaurants, hotels/motels, grocery stores and all public restrooms, the following requirements should be met in order to open. These requirements are meant to reduce the spread of Corona as well as numerous other illnesses. These changes will reduce many illnesses presently being passed to other individuals, not limited to CORONA. Subj: Properly washing hands, properly drying hands and Properly exiting restrooms. Water Faucets: Many restaurants have press timers on water faucets, when washing hands, one is obligated to touch the faucets numerous times to wash one’s hands. Other faucets require one to physically touch the faucets to turn the water on and retouch the hardware to turn the water off after one has washed. This re-contaminates one’s hands that have just been cleaned. ALL faucets should be hands free. Also, restaurants are allowed to restrict faucet waterflow too low to wash hands properly, a practice not allowed by law in meat processing plants. Violations of low water flow in meat processing plants results in closing the plant. Soap Dispensers: Many restrooms require one to touch the soap dispenser to dispense soap, which will also contaminate one’s hands, that may not have been contaminated prior to touching the dispenser. ALL soap dispensers should be hands free. Paper Towel Dispensers: Air hand dryers are also a problem which agitates contaminated air flow in the restroom. Often restrooms with air dryers provide no paper towels, or have dispensers that requires one to touch the devise to receive a paper towel. This situation also requires one to touch barehanded a contaminated door handle to exit the restroom, which may have been 232 touched by someone which did not wash their hands after using the toilet. ALL paper towel dispensers should be hands free. Fortunately, these lifesaving adjustments are inexpensive and do not, in most cases, require construction changes such as plumbing or electrical. The soap and paper towel dispenser can be battery operated; no construction required. Soap dispensers can also be operated with foot pumps or battery. The no touch water faucets may require minimal electrical changes. Keep in mind, electrical is already in the room somewhere to operate lights and fans. A minimum water flow should also be established. Please consider these illness and lifesaving adjustments in order to create a much safer environment for all us including our seniors and children. Included in these requirements, should be stated that these devises should always be in good working condition. All locations should meet these regulations to remain open. Restaurant inspectors can easily include this in their checklist. Corona lives on metal for 72 hours’ influenza 24 hours, Hepatitis 7 days, one could be infected from a person that touched the facets, door handles or soap dispenser 7days previous or more. Mel Seagle 10 Danforth Ave. Laguna Niguel, CA. 92677 melseagle@gmail.com 233